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

    Dec 4, 2007, 08:49 AM
    Fathers rights if not on birth certificate
    I have a 3 month old baby and I chose not to put her dad on the birth certificate. He is not in our lives and I want to keep it that way just in case he tried to be involved.. Do I need to make him sign away rights if he isn't even on the birth certificate?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Dec 4, 2007, 10:51 AM
    Hello maner:

    The father has ALL his paternal rights even if he didn't sign the birth certificate. He'll need to do a DNA test, but his rights are in tact.

    You can't make him sign his rights away and if you sued him for removal of his rights, he'd win.

    What I would do instead, is sue him for child support and try to make sure he DOES stay involved in his child's life. YOU may not like him, but your baby might - and he's THE father.

    excon
    jwinters's Avatar
    jwinters Posts: 1, Reputation: 1
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    #3

    Dec 4, 2007, 11:02 AM
    My sister had the same thing. Dad didn't want to be involved when she was pregnant. She didn't put father on birth certificate. It doesn't matter, he is still the child's father in the laws eyes. He can contest it by getting a dna test. You need to call a lawyer and find out what the laws are in your area. Once the baby was born his father was interested in being vindictive to the birth mother. He took her to court and got partial custody. It is a very sad situation, that you don't want to find yourself in. Best advice can give you is find a good lawyer to advise you. You need to secure the rights to your child, you don't know when he might try to walk back in and take advantage of his rights. My sister has a huge mess on her hands, my nephew from the stress of being taking from his mother at such a young age to a father he has never known has a lot of issues, he has nervous twitches and things like that... it's very sad. You need to protect your baby and yourself, and do what's best for you. Some fathers, do deserve to be in a child's life, only if it is in the best interest of the child. Hope that helps. Wish you the best.
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
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    #4

    Dec 4, 2007, 08:13 PM
    The father has any and all rights... its just a matter of if he chooses to act on those rights.

    If he knows he is the father a simple DNA test can allow for a court to order him put on the birth certificate, if that is what he wants.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,272, Reputation: 7690
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    #5

    Dec 4, 2007, 08:55 PM
    As noted, not putting on the birth certificate does not take away any of his rights, he merely has to go to court for a DNA test to prove he is the father and he can file in court for custody, for visitation and more.
    michimomma1's Avatar
    michimomma1 Posts: 1, Reputation: 1
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    #6

    Nov 13, 2009, 07:17 PM
    I don't know where you people are getting your facts from or what your state laws are, but I am going through a child support case myself right now. My sons biological father lives in Ohio and I am in Michigan where my son was born and I went for child support. I have been personally told by my prosecuting attorney that because the father denies the child and is not on the birth certificate that he will have no rights to my son and will still have to pay support.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #7

    Nov 13, 2009, 07:25 PM
    Quote Originally Posted by michimomma1 View Post
    I dont know where you people are getting your facts from or what your state laws are, I have been personally told by my prosecuting attorney that because the father denies the child and is not on the birth certificate that he will have no rights to my son and will still have to pay support.
    Hello m:

    I don't know where you get YOUR facts from, but I wouldn't get them from a prosecuting attorney. If you want to protect your SONS rights, he needs his OWN lawyer.

    excon
    cdad's Avatar
    cdad Posts: 12,687, Reputation: 1438
    Internet Research Expert
     
    #8

    Nov 13, 2009, 07:27 PM

    This post is over 2 years old. And your information doesn't seem to be correct anyway. There is no prosecuting attorney when it comes to family law. It's a civil matter.
    yanbry's Avatar
    yanbry Posts: 2, Reputation: 1
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    #9

    Jun 2, 2010, 03:59 PM
    Why my son I can see him?
    I support my son as a father! Why? I can hug my son!
    Were is my rights in privileges?
    I miss my son so much!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #10

    Jun 2, 2010, 04:09 PM

    Hello yanbry:

    You have rights. Go to court and get them.

    excon
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #11

    Jun 3, 2010, 01:03 AM

    Quote Originally Posted by michimomma1 View Post
    I have been personally told by my prosecuting attorney that because the father denies the child and is not on the birth certificate that he will have no rights to my son and will still have to pay support.
    Your attorney is very stupid... Would you like to give us his/her name? I am going to report him/her for misleading and misrepresentation.
    A1981's Avatar
    A1981 Posts: 2, Reputation: 1
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    #12

    Jun 24, 2010, 01:06 PM
    Comment on michimomma1's post
    I am going through the same thing in Iowa , my sons father has no rights but is still going to have to pay child support.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #13

    Jun 24, 2010, 01:22 PM

    A1981,please would you like to explain me how a man IS obligated to pay child support if
    1.He denies his paternity
    2.He has never signed Paternity Acknowledgment
    3.He was not been adjudicated as a father
    ... and finally-I wonder at what relation to child support have to "a lot of new laws passed recently in regard to fathers rights"
    Thank you!
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #14

    Jun 24, 2010, 02:50 PM

    Thread is CLOSED.

    This is over 2.5 years old.

    Start a new thread if you have your own question.

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