View Full Version : What kind of obligations do I have if my name appears on a birth certificate?
JRtexas
Nov 19, 2010, 11:35 AM
A short fling resulted in the woman being pregnant with my baby, we are not in a relationship, nor have we ever lived together. During the entire pregnancy she did not ask for any kind of financial assistance from me, she has made it clear that she does not want to be in a relationship with me and would perfer to be a single parent, she has offered me to be able to be involved in the child life if I choose, she would like to have my name on the birth certificate. After birth of the child she plans on relocating to the country of Brazil. What kind of obligations will I have or what will be my responsibilities if my name is on the birth certificate?
this8384
Nov 19, 2010, 12:12 PM
A short fling resulted in the woman being pregnant with my baby, we are not in a relationship, nor have we ever lived together. During the entire pregnancy she did not ask for any kind of financial assistance from me, she has made it clear that she does not want to be in a relationship with me and would perfer to be a single parent, she has offered me to be able to be involved in the child life if I choose, she would like to have my name on the birth certificate. After birth of the child she plans on relocating to the country of Brazil. What kind of obligations will I have or what will be my responsibilities if my name is on the birth certificate?
For starters, where are you located? Laws vary by location.
If your name is on the birth certificate, you are the child's legal father regardless of whether it is your biological child.
If you are listed on the birth certificate as the father, I don't see that she'd be able to relocate without your consent... unless you don't have a court order granting you visitation rights. Her living in another country is going to put a definite damper on your relationship with your child; how do you expect to establish a healthy relationship with your child if you can't be around?
JRtexas
Nov 19, 2010, 03:04 PM
The baby will be born in a hospital in Texas. The child I guess will automatically receive an american passport The mother plans on staying in Texas during her maternity leave. What ever the outcome is I want it to be peaceful. So what are my obligations finacially and otherwise regardless of the situation once my name appears on the birth certificate?
this8384
Nov 19, 2010, 03:53 PM
The baby will be born in a hospital in Texas. The child I guess will automatically receive an american passport The mother plans on staying in texas during the course of her maternity leave. What ever the outcome is I want it to be peaceful. So what are my obligations finacially and otherwise regardless of the situation once my name appears on the birth certificate?
Wrong - both parents have to consent and sign for a minor child to receive a passport. If you are on the birth certificate, she will need your approval to leave the country.
If you are listed on the birth certificate, you will be required to pay child support. I don't know how that will be effected should she relocate to another country.
JRtexas
Nov 19, 2010, 07:39 PM
Do I automatically receive a document or something after a certain date requesting me to pay child support or how does that work? What if the mother doesn't want any financial help, can she decline the child support?
JRtexas
Nov 19, 2010, 07:42 PM
If the child lives with the mother and resides in south america, and the father lives in north america is the father still obligated to pay chilld support or how does that work?
ScottGem
Nov 19, 2010, 07:54 PM
A court ordered support. Unless the court changes the order the support continues until the order expires.
ScottGem
Nov 19, 2010, 08:01 PM
I've merged your threads since they are both about the same issue.
As noted, if you are on the birth certificate you are considered the legal father. However, to be required to pay support she will need to go to court for a support order.
If you want to be a part of the child's life YOU will have to go to court for custody and visitation to prevent her move.
Fr_Chuck
Nov 19, 2010, 10:23 PM
Your obligation makes no difference if you are on birth certificate or not, the only difference if you are not on the birth certificate it is a little harder to file for child support since they will have to prove paternity first ( but easy with DNA)
So either way, they can file in court for child support, also if they collect any welfare from the government, the government can come after you for repayment even if the child's mother does not.
JRtexas
Nov 20, 2010, 01:21 AM
Ok so what if everything is settled peacefully with out the court, lets say she doesn't go to court to file for child support, I agree to let her leave, and she agrees to allow me visitation rights whenever I go to brazil
JRtexas
Nov 20, 2010, 01:23 AM
She asked me to be on the certificate, I am the father, what happens if they don't go to court, any ideas of what happens with child support between 2 countries?
JRtexas
Nov 20, 2010, 01:26 AM
Does anyone know if the father living in the USA has to pay child support if the mother lives in a different country with the child? And what if the mother never went to court to file for child support?
GV70
Nov 20, 2010, 04:29 AM
Please do not open multiple threads {Mod Note-Merged-<>}
GV70
Nov 20, 2010, 04:34 AM
Ok so what if everything is settled peacefully with out the court, lets say she doesnt go to court to file for child support, I agree to let her leave, and she agrees to allow me visitation rights whenever I go to brazil
THOSE KIND OF AGREEMENTS ARE LEGALLY UNENFORCEABLE./ I mean she cannot make your obligation void/
She has rights to file for child support immediately she steps on Brazil land and you will be ordered to pay it.
she asked me to be on the certificate, I am the father, what happens if they dont go to court, any ideas of what happens with child support between 2 countries?
The Federal government has authority to make agreements with other countries for child support enforcement.
AK lawyer
Nov 20, 2010, 05:55 AM
does anyone know if the father living in the USA has to pay child support if the mother lives in a different country with the child? and what if the mother never went to court to file for child support?
If there is no order of support (because neither the custodial parent nor a child support enforcement agency asked for one) no, the non-custodial parent (father in this case) doesn't have a legal duty to pay. That is to say he cannot be punished for not paying until somebody does take him to court.
As far as the international aspects of this case, the mother could file for a child support order in a foreign country or in the state where the father lives. If she gets a CS order from a foreign court she would still have to apply to a U.S. state court to enforce it. It would be up to the state court to decide what, if any, deference to give to such an order.
ScottGem
Nov 20, 2010, 06:08 AM
First, Please don't use the Comments feature for follow-up, Use the Answer options instead.
As GV noted, private agreements like that are unenforceable. You can go to Brazil and she can refuse you access. She can get to Brazil and immediately file for court ordered support. You can stop paying or never go to Brazil.
It's up to you what you want to do. If you want to let her move and voluntarily pay support, that's between the two of you. But if either of you goes to court, the agreement would be ignored.
I've AGAIN merged your threads. Please do not keep asking the same or similar questions in multiple threads. Knowing the full story often helps us provide the best answers. Use the Answer options to add follow-up to this thread.
AK lawyer
Nov 20, 2010, 07:20 AM
Having read the merged thread, it appears what the OP wants to know is the extent of his legal CS obligation. As I said before, unless and until his legal obligations are established in a U.S. court, there aren't any. At any time after the child is born the mother could sue him in a U.S. court for support.
Whether mother and child are in the U.S. Brazil, or somewhere else is immaterial, (except possibly with regard to the amount of support).
JRtexas
Nov 20, 2010, 11:04 PM
Sue, such harse ways. I hope all works out peacefully so we things have been so far, thanks for you replies
JRtexas
Nov 24, 2010, 12:05 AM
If the fathers name is not listed on the birth certificate, because the mother made that choice. Does the biological father hold any type of legal responsibilities, or commintments financially or otherwise. Take into consideration in this scenario the mother wants the father to have contact to the child but does not require any financial assistance
ScottGem
Nov 24, 2010, 05:02 AM
I merged your latest post into your previous thread. Please do NOT start new threads over the same issue.
Only the LEGAL father holds any legal rights or obligations to the child. If you are not the legal father, you would have to be established as the legal father to have any rights or responsibilities.
While the mother may say now that she wants contact, if you are not the legal father she can cut that contact off at any time forcing the father to go to court to enforce his rights.