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View Full Version : If the father is not in the birth certificate does he have rights?


Liljen94
Oct 24, 2012, 02:02 AM
I have a 2 month old and her father and grandfather are not nice people and I worry about if he has visitation that they will harm her. I did not put him on her birth certificate so what rights does he have? I also live in New Jersey if that helps.

ScottGem
Oct 24, 2012, 03:14 AM
Gee the father was nice enough to date and have sex with, wasn't he?

But to answer your question, he has the same rights as any father. The only difference is he will have to go to court to enforce those rights. Leaving him off the birth certificate does not remove any rights and can actually cause you more problems in the future.

So all he has to do is file a petition in Family Court for joint custody and visitation and he will get both unless you can prove he will be a danger to the child. And one of the first things the court will look at is the fact that he was apparently nice enough that you had sex with him.

Another point here is that you are depriving your daughter, by not requiring that he help financial support her. I don't know your financial situation, but it is likely you could use some financial help. And if you need to apply for public assistance, then the state will require that you identify the father so they can go after him for support.

Fr_Chuck
Oct 24, 2012, 08:05 AM
The bio father has all the same rights, not listing him on birth certificate does not stop any rights, He merely has to go to court and prove paternity though DNA test which is easy to do.

So unless with evidence that can be shown in court, that he is a real threat to the child, he will get visits, he may even get joint custody if he tries.