Does sons father have any parental rights if he is not listed on the birth certificate?

Amanda - posted on 12/26/2012 ( 22 moms have responded )

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My son is 6 months old & his father is not on the birth certificate. I kinda wanna keep it that way becuz if im the only parent on there he cant take him from me. But i dont know if he has any rights as it stands. & if he does get a parternity test can he take him if it comes back posative.? & if i comes back negative do i have the right to not let him or his family see him? His crazy aunt hates me & wants to try & take him from me can she even do that?

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Toby - posted on 10/20/2015

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I don't know if I just responded to another question or not can't figure out where to post a question so here it is I'm sorry if it's in the wrong place. My wife and I have a 6 month old daughter. She has my name and my name is on the birth certificate as her legal father. I met my wife as she was getting out of a relationship with the "sperm donor". He never wanted anything to do with her or the baby and actually insisted on her to have an abortion. Now that our beautiful daughter is here is mother, not even him, is wanting a pity party and is threatening to take us to court (6 months of threats) If they actually do what will happen?? The "sperm donor" is a young druggie who only cares about the party. Can the courts take my name off of the birth certificate??

Michelle - posted on 12/27/2012

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If he wants a paternity test then the courts will allow it and if he's the Father then has the same rights as you. You can't deny a father just by not putting him on the birth certificate. Why have a child with someone you are so intent on keeping away from the child in the first place?

If he's not the Father then he has no rights over your child, but the real father does.

His aunt has no claim over your child though.

Kelly Lee - posted on 01/24/2014

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Hello in the state Florida if the father is not on the birth certificate he has no rights. If he try's to go for paiternty he better have a place to live a job and not doing drugs or a very bad record cause then the judge will not let the father see his kid.

Dove - posted on 12/27/2012

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IS he the father? If he gets a paternity test will it be positive? Or is there a chance that this guy isn't the father and someone else is?

If he gets a paternity test and it is negative... HE won't have any rights, but whoever the actual biological father is... can once he takes a paternity test.

This is your baby's father we are talking about. Why would you want to keep your child from knowing about the man that helped create him? Half of your child came from this man and unless you have GOOD proof of a reason why he shouldn't be around the baby.... your child deserves to know his own father.

He can go to court and get a paternity test and potentially get 50/50 custody.... as he should unless you have a very good, documented reason of why that would be harmful to your child.

Lacye - posted on 12/27/2012

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Is there a particular reason why you want to keep your child's father out of your child's life? Personally, and this is just going by what little info you have given, you are being kinda selfish. It doesn't matter if the father has a crazy aunt or not. If that is his child, he has every right to be in that child's life.

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Jodi - posted on 06/25/2016

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If he decides to file for custody and visitation, then yes, he has rights.

Lee - posted on 06/25/2016

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I live in Texas. If the father of my child doesnt sign the birth certificate and she takes my last name. Does he have any rights to her?

Lee - posted on 06/25/2016

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I live in texas. If the father of my child doesnt sign the birth certificate and she takes my last name. Does he have any rights to her?

Michelle - posted on 10/20/2015

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Toby: Get yourself a lawyer. You'll need it because like Shawnn said, you falsified a legal document! That's serious.

♫ Shawnn ♪♫♫ - posted on 10/20/2015

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to Toby: You falsified a LEGAL DOCUMENT. yes, there could be complications for that.

♫ Shawnn ♪♫♫ - posted on 10/20/2015

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If DNA proves out (in other words, a paternity test is all that is needed) then OF COURSE the man has rights. Guess what? He's actually got the SAME rights as you do, in regards to that child that you co-created.
So, short answer? YES. You need to be prepared for that, honey. He DOES have the right to parent, and to be involved, just as you do. He also has the right to support the child, same as you.
Does his family have any rights? Maybe, if you live in a state where Grandparents rights are considered, but his 'crazy' aunt wouldn't.

If the test is positive, get ready to co-parent with this man. After all, you did think, at one point, that he was viable bed partner material...

Just because he's 'not' on the BC means absolutely nothing. That child is NOT your possession, my dear, because it is illegal to own human beings. That child is a human being, one who will need parents.

HPKL - posted on 04/08/2014

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I am a father that wants a lady to do a DNA with her son, she has a husband and is sleeping with my first cousin, she claims to be on disabilities and collects off three men because she has 5 different kids, I am not on this child's birth certificate she falsely served me with court papers and let alone, has to harsse me, this child is known not to be mine, so my advice as a father, you should do a DNA because there is actually fathers that would love to be in a childs life or would like to be there, even though that you have difference what person would go out of there way to make the worse? Id do anything to get a DNA but this lady refuses because all she has done is lied and lied to manipulate and down grade a father like me,

Stephanie - posted on 12/27/2012

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Oh even if you have it written that your parents get custody if something should happen to you his legal parental rights Trump your parents custody rights

Stephanie - posted on 12/27/2012

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It depends on the state. In Tax I think he has 2 yes from date he discovers he has a child to petition paternity test. My memory is a bit fogy. BUT...I WOULD NOT give your family LEGAL WRITTEN custody of your child because he can use it against you later on to get full custody. and yes (at least in Texas) you have to get the parents fathers consent to give up custody to your parents. what state do you live in? And why do you want to give up custody?

Dove - posted on 12/27/2012

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Lacye is right... If you sign custody over to your parents and he goes through the court system... he could potentially get full custody of the baby away from your parents... and you would then have to take him to court to ever get anything more than visitation with the baby..

I would be VERY careful if you are actually considering giving temporary custody to your parents that this is done under the advice of a lawyer and with the father's knowledge and signature. I'd hate to see you back in here in a year asking how to get custody of your baby back from his father if he goes through court to get the baby from your parents.

Lacye - posted on 12/27/2012

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As your son's biological parent, yes. He could contest whatever legal documents you have written up and can take your parents to court. Also, if you want to sign custody over to your parents, you might have to have his signature as well.

Amanda - posted on 12/27/2012

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well he is not finantually stable to care for him & i will admit at this moment niether am i. i am wantin to temperarily sign custody over to my parents who r stable & willin to take him til im ready. & i have it legaly documented that if n e thing happens to my even if im in a different state my parents get him. is there n e thing he can do about it.?

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