If my son's father is not on the birth certificate what rights does he have?

Jack N

The father can push for a paternity test that will help him acquire some rights to custody if the test proves to be positive. Assuming that this is the case, he will have to sue you in court for visitation rights or custody if he has some reason to believe that you are unfit to raise the child. That typically results from drug use, abuse, or amorous activity that is not in the best interest of the child to be exposed to. The burden of proof would be on your ex, though the good news is that the courts typically lean heavily in favor of the mother who actually went throguh the pregnancy and delivery and most times seek only the best when providing for their children. If you have any dirt on the ex or reasons why he would not be a good father, you may present that to keep custody if necessary. I am not a lawyer, your consultation will likely share some of this same information.

Best of luck little mama

Problem Child

He has all the rights the court will give him. As the babies father, he could, in theory get sole custody or nothing at all, depending on the facts and what the courts decide.

The fact he is not on the birth certificate is irrelevant. Simple because you tell some clerk in the hospital you don't know who the father is or name someone else...that doesn't eliminate his rights in any way at all. A birth certificate merely registers the childs birth. It in NO WAY determines paternity or child custody issues. Not even close.

A simple paternity test can prove if he is the father or not and then the court can order him placed on the certificate.

Boo

He has no rights. He can however force a DNA test, which in return you can force Child support.

Tina Marie

You have a lawyer on retainer, you need to consult with him. Everyone here is just guessing and giving advice that their not knowledgable about. Don't trust these stupid answers, talk to your atty. For heavens sake!

fdm215

He can request a paternity test to prove his relationship to the child. Once the relationship is established he would have the same rights as any parent. It would be up to you to prove him unfit or less fit.

Kathy B

i dont believ he has any legal rights if he is not on the birth certificate he could possibly ask for a dna test to prove he is the father but i believe he would also have to pay for it . so i am in the same situation with father unknown on birth certificate and i dont think you need to stress tell him to prove it and let him go through all the crap to do it

mrtedhead

Literally none. when dealing with your/his child.

EWI

He is probably going to need to establish paternity. After a paternity test is done and he is established as the father then he could be ordered to pay child support and then could try and get visitation.

You need to talk to your lawyer to get the best advice.

beachbum

you have nothing to worry about.........you should do nothing.. if you want child support the state will do a blood test... as far as him getting custody,,,, only if you are an unfit mother which you are not...

remoserjr107

First, He Must pay some support, to even have a 'claim'....!!

He'll need a test for DNA, for Sure, for Paternity...!!

if he wasnt there for the birth and is not on the certificate, the judge will take your side, and if DNA is forced, he'll be the one back paying you under court order.
in a nutshell, he's opening a can of worms for himself.... he would be better off being diplomatic with you if has any common sense.

Kay H

If he wants custody he has to pay for a dna test to prove its his kid,he also has to prove he is an upstanding person who has the means to provide his son with a good home life. Tell your lawyer all the bad things he did to you and try to find the bills and lease and car papers to prove he left you and ruined your credit and took off with your car. Don't worry,he's just trying to rattle your cage,don't let him do it,with all he's done to you a judge would have to be crazy to give your son to him and it won't happen so just relax.

SuperDem

First, don't use your son's name on the Internet!!!
Second, it depends on the state. While the law is generally on your side, you need to be careful. If you deliberately omitted his name from the birth certificate, he could launch a fraud action against you. Listen carefully to your lawyer and do exactly what he/she says. Also, if you ever need to apply for public assistance, many states now require you to name your baby's father to receive benefits.
As far as rights, if the father were to force the issue in court, he could get, possibly, visitation rights (maybe joint custody, with you retaining physical custody). But the flip side of that would be that he would be required to provide financial support. The only X-factor is if the father can show that your are unfit. Drug use, criminal activity, neglect, and yes, lying on official documents like birth certificates can be ammunition for such a claim.
Again, be very careful, follow the law, and listen to your lawyer. The law is a fickle thing that doesn't always conform to your vision of justice rather, the law is designed to provide a predictable outcome for everyone to follow.

Mr. Goodhi

None....

Cookie

I know you don't want to hear this but he has all the rights that the state and the court will allow. He is the father, a paternity test will be done. It doesn't matter if he is on the birth certificate or not. He will be forced to pay child support and he will be given some type of visitation and that is what the court is for. They will look at the situation, the behavior and then make a determination as to how much he must pay and how often he may see his child and under what conditions.
If he fails to keep up with his payments that does NOT keep him from seeing his child. They will suspend his DL or attach his wages if he works. They can also stop him from renewing his registration on his car, so they have ways to make him pay but just because he doesn't pay, that is not a valid reason to keep him from his child.
It all seems very unfair but this is what it has come down to because of so many custody issues.
Good luck and don't spend a lot of money on an attorney, the state will provide you with one for free if it is a financial drain on you and your child.

Luv2Cook

Depends on the state you live in to determine what his rights are. As for full custody, not a chance. His behavior is not that of a man who is compassionate and cares enough about his son --- he walks out.......yeah whatever dude. He can request a paternity test. . . you will have to submit to a blood test for your son.

Is there a way you can get an appointment with the attorney before September? Best to cover all your options. Papers will be filed, a judge will determine what is best for Zach until a trial is set, only if he is seeking full custody. Do a little research on custody issues as it relates to your state. Keep track of things. . . how often he calls to check on Zach, how often he asks to see him, how much money he gives you for the child's support, when he buys the child clothes, things like that to show a pattern of behavior. Hang in there, do you homework on this matter. Your son is adorable by the way. Be strong. As always, best of luck Rachel.

patty

He does not have a leg to stand on, your lawyer should have explained all this to you.

Ben

If hes not on the birth certificate, he cant have custody unless you agree to give it to him, unless you were married and you let him adopt him for the marriage then that would be decided in a divorce court

jackson

You can nitter natter about all of the details but it will come down to if he is the parent or not. That is all easily proved in the long run.

A lawyer on retainer that you won't speak to until September? Retainer means that he is always there for you. Do a consult with another lawyer who will tell you what is up and not rip your off.

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