Birth certificate and child support

GeminiNee - posted on 09/03/2014 ( 1 mom has responded )

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I am now 37weeks pregnant my baby girl will be arriving any day now. I want to be stress free as possible during my stay at the hospital. My childs father is not in the picture anymore he walked away when I was 4months pregnant. His name does not deserve to be on the birth certificate. Can I still file child support without his name on it ?

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Guest - posted on 09/03/2014

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It depends on the state you live in--the law varies in every state. In most states, it doesn't really matter whether his name is on the certificate or not. They will allow you to file for child support if his name is not on the birth certificate, but they may require you to pay for a court authorized paternity test. In some states, he may refuse to take the test, and you will have to go to court to get a court order for him to get one. You are responsible for all of the costs involved in that process.

That said, if you are going to file for child support, he will be designated as the child's biological father, and thus have visitation rights. Child support and visitation are two completely separate issues, but until you have a court order defining or limiting his visitation rights, he has the exact same rights to the child that you do. If you try to deny him access to his child, he can take you to court and use that against you to gain more custody. It is VERY important that you establish visitation through the court as soon as possible after the baby is born (a few states will allow you to sort that out before the baby is born). If he wants to forfeit his visitation, good for you, but if he doesn't, you have to comply because he is the father.

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