PDA

View Full Version : Father of child walking out/Birth certi.


giggles_42068
Jun 8, 2012, 06:45 PM
The father of my unborn son just left and moved to Texas with his new g/f and as I've asked some already,if I add his name he would have no legal rights but would have to pay Child support and if he wanted rights he would have to move back and have them done here and he would still not be able to leave the state... Now if I don't add him may I still get support? And If I did what would come if I got married and the one I was with wanted to sign regardless if the father is on it or not would he have a say or if he were't would he have a say?

Fr_Chuck
Jun 8, 2012, 07:25 PM
You are incorrect.

First normally you can not "add" him to the birth certificate if he will not sign for it.
But that does not take away his rights,

First he does not have to pay child support till you file in court for support and prove he is the father if he is not already on the birth certificate.

Next he can get visits if he lives out of state, not sure where you ever got that idea, He will have to file in your state for his visitation,

No one else can just "sign" the birth certificate that would be fraud and illegal, anyone else will have to adopt the child after you are married to them.

ScottGem
Jun 9, 2012, 05:49 AM
ANY question on law needs to include your general locale as laws vary by area. Depending on where you are, neither parent may sign the birth certificate. The hospital takes information from you when you come in and/or after the child is born. They then file a birth certificate with the state. Whether you name the father or not will have little bearing on his rights or obligations. It only means that paternity will need to be legally established to enforce those rights and/or obligations.

If you want child support you will need to file in Family Court. If you do so, the court will require that a paternity test be done unless he has signed an acknowledgement of paternity. If you apply for public assistance, the state will require that the father be identified and support ordered.

If he wants visitation, he will have to file for it in your local courts. But there is no requirement that he move back to your state.

If you were to marry before the child was born or shortly afterward and you did not name another father, then your husband would be considered the presumed father. However, if you have another man acknowledge paternity, that could be considered fraud.

giggles_42068
Jun 10, 2012, 10:26 PM
Well for one all things I've been told are by legal assistants in the state of Ga and I'm trying to make sure all facts are correct and from what I've been told if I want to put his name down just for the sake that its not left blank and want to go for support also I can and without his john hancock actually on the BC he has no legal rights without going and getting himself legitamated by the court then he would have legal rights to visit here in Ga

J_9
Jun 10, 2012, 10:38 PM
Well for one all things ive been told are by legal assistants in the state of Ga and im trying to make sure all facts are correct and from what ive been told if i want to put his name down just for the sake that its not left blank and want to go for support also i can and without his john hancock actually on the BC he has no legal rights without going and getting himself legitamated by the court then he would have legal rights to visit here in Ga


You can't just "put his name down." He would have to sign an Affidavit of Paternity agreeing that he is the biological father.

ScottGem
Jun 11, 2012, 03:15 AM
if i want to put his name down just for the sake that its not left blank

This is up to local law and varies. If the parents are not married, some places require the father to acknowledge paternity before being listed. Others accept the mother's word as to the name of the father. But it really is immaterial (see below)


and want to go for support also i can

Of course you can. His being listed on the birth certificate or not doesn't matter. You still have to go to court for a support order. Unless he signs an Acknowledgment of Paternity the court will require a test to determine paternity.


and without his john hancock actually on the BC he has no legal rights without going and getting himself legitamated by the court

This is also true, but its immaterial as well. He simply has to go to court for custody and visitation if he so chooses. Once paternity is legally established he will have rights. So his not being on the birth certificate is nothing more than a delaying tactic.

Bottom line is, if you apply for support, the court will require that paternity be established. If he applies for custody/visitation, paternity will be established. If, in the future, you marry and want your husband to adopt, paternity will need to be established so the bio father can be contacted for agreement.