My Daughter's dad

Louise - posted on 10/27/2009 ( 20 moms have responded )

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Basically i need help. I was wondering if it is illegal to put a man on your child's birth certificate if he is not the biological father. This is the only way i can think of that is going to stop my daughter's dad from getting any custody of her. Ever since she has been born he has not paid for her and hasn't been in her life. He is extremely violent and is on drugs. I have suffered constant harassment from him with him threating to hit me. And i don't want him to be near my daughter. I have tried to apply for an injunction but it was turned down., if he gets custody i fear she will be taken away from me as he has previously had he's son taken away from him and his ex partner,. `my daughter calls her godfather her dad and looks at him as a father figure. but would it be illegal if i was to put him on her birth certificate?

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20 Comments

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Rachel - posted on 05/04/2012

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I am not sure if putting another mans' name on the birth certificate would help. Do you have evidence of his abusive behavior? That is what it all comes down to. Even writing down in a daily journal anything he does, with the dates, can be very helpful. Voice mails and texts are admissable in court too. Can you prove his drug problem and violence at all that would be good. I am going through a similar situation, and although I don't know if all the evidence I have is enough, I do know that if you can PROVE a PATTERN of abuse or neglect, or criminal behavior, you would really have a better chance of limiting his contact with your daughter. Best of luck to you, and remember you are NOT alone.

Judy - posted on 05/02/2012

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if you tryed to get a protective order and were turned down file again and again till they do approve it. every time he harrasses you or threatens you call the police and get reports to show the court. go to the domestic violence department and let them help you write up the restraining order.

Judy - posted on 05/02/2012

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is her dad on the birth certificate now? If he is not on the birth certificate now than he really has no rights till he proves she is his daughter. It would be best for you to speak to a attorney. If there is violence than your local court should have a domestic violence department that should be able to help you free of charge. There are also non profit organizations that are around that can help you too. if you can afford a attorney that is the best think to do.

Lori - posted on 09/05/2010

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Yes it is illegal to do what your thinking about, instead leave the space for fathers name blank, put unknown in the space

Brianna - posted on 08/28/2010

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cant you just not put a fathers name on the birth certifiacate. cant you just say you "dont no who it is" lol

Samantha - posted on 08/27/2010

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i would say get him on child support mama...and if he doesnt pay he can go to jail or their going to force him to pay right out of his bank if u fear for ur daughters life go to the judge wen u go to court tell him he does drugs and he's done this and that to u and i know the judge wont let him get ur daughter plus he would have to take a drug test so jus dont worry way to much just hang in there

Kaete - posted on 08/27/2010

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I believe the paperwork I signed when my daughter was born had me signing something to the effect that to the best of my knowledge and belief, the man who was signing with me was my daughter's biological father, and he had to sign the same, so if you're doing it knowingly, you're both guilty of perjury. So...don't do it.

I agree with calling protective services and expressing your concern. You can also have the police do welfare checks if he gets unsupervised visitation. I can't promise that he won't get any visitation; I have friends whose kids' dads have beaten them horribly who still have unsupervised visitation with their kids.

Idk what to tell you other than to do all you can through the honest, legal channels available to you, and best of luck.

Nelly - posted on 08/27/2010

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I don't think he can get custody if you tell the judge what he is capable of doing when he gets mad and if he harasses you an you can prove it then for sure he won't get no custody of ur little one

Krystal - posted on 08/26/2010

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Uhm I am pretty sure that is illegal and you probably shouldn't do it. If you aren't married then they usually do a paternity test and I'm not sure if you can get in trouble for knowing that you are putting the wrong guy on there or not...?

Summer - posted on 08/25/2010

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I have been going thru tha same thing with my daughters father since she was born. Shes almost 2yrs old. He ordered a dna test and tried to get custody of her but it back fired and i got sole custody and child support bcuz hes an active gang member so he has supervised visits

Kelina - posted on 08/25/2010

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If he is violent and addicted to drugs he will not get custody. Is he currently on the birth certificate? If he's not from what I understand he'll need to have a dna test done and take you to court for parental rights period because at the moment he's not recognized as her father. Therefore he doesn't have parental rights until he gets his act together and tries to be part of her life. if you don't want her near him, don't allow him visitation. And if he and an ex partner had a child taken away because of his behaviour he's already got a file on him and a strike against him if he ever does go for custody of your daughter. Good luck!

Kayla - posted on 08/25/2010

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it is illegal, but if your real baby daddy is violent and on drugs like you say..there's no reason for you to worry about him getting custody.

Julie - posted on 08/25/2010

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Don't do it!
It is illegal an if the Courst look at anything regarding this child they will 'see' you are not an honest person.
You must have good cause to not want him in the child's life... so let things go .
I was in your situation and left that part blank ... and sure enough - he's never come through for her... (she's now 26).
Make sure each apisode of his anger and abuse against you is recorded in a journal or with the law.
Move if you can!

Cassy - posted on 10/28/2009

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here in western australia it is, dont bout the rest of aus tho

Arielle - posted on 10/28/2009

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No it is not illegal. There is this thing I think its something like the best fit. If tha biological father isn't really great or fit for the child, somebody that is willing to be there has the right to put their name on the birth certificate.

Lyndsay - posted on 10/28/2009

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I don't know about putting another man's name on the birth certificate, but why are you not calling the child's protective services yourself and having them investigate him? If he is violent and on drugs, he will not get custody. They can do drug tests. They can do home visits. And if YOU are the one who opens the file, it looks better on you. Because if he takes your daughter and then you call them, they're going to ask why you haven't contacted them sooner.

The baby's father will still be able to have visits, whether supervised or not, but all that will be mandated by the courts. If you get full custody then he will be legally obliged to return the baby to you at the end of his visits.

Cassy - posted on 10/28/2009

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u cant really, and if the courts order a dna test or he goes thru certain government agencies they pay it, all u can do is ignore it

Louise - posted on 10/28/2009

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Its just a hard situation all round. I have seek advice of a solicitor and he's told me that the biological father would get some kind of custody regardless of his violent past and drug addiction. i know that as soon as he got to see my daughter social service would get involved fast as he has had a son taken away from him. I don't think he would bother with a dna to prove paternity as he is always denying her,. and it would cost him alot which he doesn't have., just trying to think of ways get any rights of his taken away

Cassy - posted on 10/27/2009

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if u put ur new partners name on the birth certificate and ur ex does a dna test n shows he's the father u will get done big time, and they wwont give a child to a violent drug addict, in custody battles the choose the parent with the safest, and most stable enviroment and the one who has the most support, place to live etc etc etc and they usually go with the mum unless shes extrememly unfit to have the child

Ginger - posted on 10/27/2009

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I wouldn't be if you thought he was the bilogical father, but if you put his name on the birth certificate, the real father would have to get a parternity test to prove that he is the real father. If you you don't think he would ever do that, since he would have to pay for it and have a judge order a test, you should be safe. But, you may also want to seek the advice of an attorney.