I have an 8 year old daughter and we had a paternity test when she was 2. I was told that having the paternity test wouldn't give him rights to her unless he took me to court to get them. He has never done this nor is his name on her birth certificate. I let him see her when he wants to which lately since I have gotten married is every other weekend. It is fine but when he has her we are always having problems on getting her back. I really need to know if he has legal rights to her?

Without a court order he has no legal rights so basically it is not much more than you allowing her to visit him. Tell him that you do not want to have to resort to involving the police to get her back after visits.

You should indicate what state you are in to get a more definitive answer.

In California paternity tests have no legal significance unless ordered by a court in an ongoing case involving paternity. This is probably the rule elsewhere.

If the dad did not sign a voluntary declaration of paternity, has never lived with the child, and if you were never married to him, he needs to file an action in court to establish his parental rights and until he does so he has no parental rights.

He said he is in Pa and the laws are basically the same here.
I don't understand how this is even in court if his name is not legally connected somehow.

We are in the state of Iowa.

Oh sorry I confused this one with another one I am replying to with the same problem.
Sorry.

Was it a court ordered DNA test or just a random non court ordered test? That will make the most difference. If it was court ordered then yes it gives him rights however I don't see this being the case because if it was court ordered the judge should have ordered visitation after the results came back. So, if it wasn't court ordered then no he dosen't have rights but all he has to do is go to court and he will get them. After the judge orders another DNA test.

No it wasn't court ordered, I asked for it through Child Support.

So do you have a child support order? Those are only court ordered and a judge won't issue a support order with out some sort of proof that he is the father.

Child support is only paid by the legal parent. If you were awarded child support then he is the legal father and has equal rights.