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    wytegyrl's Avatar
    wytegyrl Posts: 1, Reputation: 1
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    #1

    Jan 1, 2009, 05:40 PM
    Does a father have rights if he is not on the birth certificate
    Hi, I was just wondering if the man that could be the father of my child whose name is not listed on the birth certificate have rights to him. He has tried kid napping him already once, so I was wondering if he hd the right to take him if he's not listed on the certificate?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jan 1, 2009, 05:44 PM

    No he would have to go get a paternity test and prove he is the father then he would have to go for custody.
    If he does all this and tries to get custody tell the Judge your concerns because he has tried to kidnap the baby. Hopefully the most he would be able to get would be supervised visits if it gets that far.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jan 1, 2009, 05:54 PM

    What proof do you have that he tried kidnapping? What were the circumstances?

    As noted, all he has to do is go to court submit to a paternity test and he could have gotten custody and visitation. If you can prove he tried kidnapping, then you can get a restraining order agaqinst him that would not look good if he did go to court for visitation.

    But if his name is not on the because he has no rights until he goes to court to establish paternity.
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #4

    Jan 1, 2009, 10:08 PM
    Quote Originally Posted by wytegyrl View Post
    Hi, I was just wondering if the man that could be the father of my child whose name is not listed on the birth certificate have rights to him. He has tried kid napping him already once, so i was wondering if he hd the right to take him if he's not listed on the certificate?
    I don't think your question can be properly answered until you provide more facts. First, what state are you in? Second, who, if anyone, is on the birth certificate as father? Additionally, what sort of relationship has this potential father had to date with the child? Has he ever lived with the mom and child and taken on the role of dad?

    If no one is on the birth certificate and the child's mom is unmarried, the potential father you describe has rights to establish paternity by filing an appropriate action and seeking genetic testing. In many states (California for example) the possible father can seek custody and visitation while the case is pending even before he has established paternity.

    If there has been an attempted parental abduction, this would be grounds to deny the potential father unsupervised access to the child until the facts surrounding the attempted abduction have been investigated and the matter is submitted to the court for review.

    More information is needed to give a more complete answer.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jan 2, 2009, 07:27 AM
    Quote Originally Posted by wytegyrl View Post
    Hi, I was just wondering if the man that could be the father of my child whose name is not listed on the birth certificate have rights to him. He has tried kid napping him already once, so i was wondering if he hd the right to take him if he's not listed on the certificate?


    Has paternity been established through DNA or a Court proceeding? If not, "the man" is not the legal father of the child. Why does he have control of the child in any manner?
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