What rights does he have

Ellen - posted on 01/07/2015 ( 12 moms have responded )

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What rights does the father have if he isn't on the birth certificate after 3 months and doesn't help support my son.

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~♥Little Miss - posted on 01/08/2015

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I love when people go after my name. It actually shows how right I usually am ;)

♫ Shawnn ♪♫♫ - posted on 01/08/2015

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He's got the right to petition for custody and support, same as you do, once paternity is proven.

Get paternity established, and get an attorney. The adult thing to do is agree on custody, support, visitation and co parenting. Good luck.

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Curi - posted on 01/09/2015

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he still has rights. if he decided today that he wanted to be in his kids life he is allowed to be unless he signs his rights away. if you want anything from him you have to get him to court to get a paternity test and he will have to pay support but no matter what even if he is lazy and doesnt pay he has rights. unless he goes and tells the court he doesnt want rights no matter if he hasnt seen the kid in 16 years he still has rights for that child. its only 3 months so that is really nothing compared to years. but once its been too long the court may make him take parenting classes and be supervised visitations but no matter what the dude has rights. there is nothing you can do about it unless he signs them away.

Laura - posted on 01/08/2015

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Well Im in California and he was not on the birth certificate when we went to court yes we had to do a paternity test, its part of the procedure, and he didn't show up. My son and I did so our part was done. By him not showing up or fighting it he basically admitted to being the father (not to mention they are like twins) He still has every right to have see my son but like I said he wont rock the boat. Its always good to prepare for the worst but go to a paralegal first, after paternity testing you go into mediation and they try and settle everything there instead of taking it to the judge.

♫ Shawnn ♪♫♫ - posted on 01/08/2015

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Get an attorney. Establish paternity. Petition for custody and support. Be prepared for visitation.

Ellen - posted on 01/08/2015

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After giving birth to my son I told the father he had to sign some papers for the birth certificate and he just ran off and never came back

Raye - posted on 01/08/2015

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~♥Little Miss Can't Be Wrong♥~, I didn't read anything that said she put a random person on the BC. You can leave the father section blank. You are often wrong, and should think about changing your name.

Ellen, the baby's father technically doesn't have rights and isn't liable for child support if he's not named on the BC. But, it is morally wrong to keep a parent from their child, if that parent is willing to participate in the child's life. If you ever need government assistance to raise your child, they will want a DNA test to prove paternity and get the natural father to pay child support, so the gov't won't have to pay you as much. When paternity is proven, the courts will want to establish a visitation/custody agreement. And if he's on the hook to pay, he may take more of an interest in seeing the child (and possibly reducing his financial obligation if he gets joint custody).

You don't say why he's not listed on the BC. I assume you don't get along. But not liking someone is not a good reason to keep their child from them. If you have tried to allow visitation and he cancels/refuses, then you're doing your part. Just document these occurrences, so if it comes up later in court you can show that you were not alienating him as a parent.

~♥Little Miss - posted on 01/08/2015

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I love when people put a random person on the birth certificate....cause that won't turn around and bite you in the ass....right??

He has EVERY right. All he needs to do is a paternity test. And if you deny it? Well he can get a court order in place.

You can of course, once paternity is proven, ask for child support. Baby is only 3 months old??? Yeah...you are gonna have a long road ahead of you if you keep being sneaky. Women need to stop thinking it is a good idea to put someone else other than the bio father on the birth certificate. It is a HUGE lie, a legal document. Why do people take this lightly??? I would prefer people didn't put a name down, than lie boldly about who is the father. Not only for the obvious ramifications, but what if this new dude doesn't stick around??? Yeah that would be great.

Ellen - posted on 01/07/2015

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I set visitation with him that he never meets because his always out with his friends smoking weed and doesn't have a job

Dove - posted on 01/07/2015

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If he decides to take it to court... the same rights as you have. Right NOW he doesn't have legal rights unless he is on the birth certificate or has proof of paternity, but morally he has the same right to a relationship w/ his child as you have... and if you hinder him seeing the child and he takes it to court... it could look very bad for you.

What would or would not be decided in a court room varies greatly from state to state and judge to judge, but he could 'potentially' get 50/50 custody right off the bat.

Sarah - posted on 01/07/2015

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Each state is different. If he is not on the birth certificate then right now he has no rights. He has to prove he is the biological father.....dna test. Once he does this then he has the same rights as you. I would advise you to talk to a lawyer in your state. Right now as it stands he does not have pay child support.....Once paternity is determined then he would need to pay.

Laura - posted on 01/07/2015

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He has every right, my son is 8 he doesn't know his father. Finally started getting child support, but when we went to court he has no back pay and I would have received $600 child support but he would have to take him certain days, holidays and weekends. Since I was not ok with that and he doesn't really care to be in my sons life I cut him a deal lower than what child support was offering even if he was to follow every visitation. He of course took it and my son gets some money, he doesn't bother us and we are happy.

He still has every right to see him, but if he rocks the boat payments go up.

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