Do I have any rights to take my daughter from the guardian of her if my name isn't on birth certificate ?

Are you saying that you're the father, you're not on the birth certificate, but you want to take this child from the mother?

No, you can't.

You need to go to court, demand a DNA test to determine paternity, and then go to court for partial or full custody.

If you just take the child, it will be kidnapping.

Can you explain the situation a little better in more detail ?

Before you can take your child from its legal guardian you have to be declared the legal father. You can petition the court for custody and as part of the process a paternity test will be performed.

A little more background may enable us to help you more. ANY question on law needs to include your general locale as laws vary by area. How old is the child, Why aren't you on the birth certificate, etc.

My name isn't on my daughters birth certificate & she is in temporary custody by the mothers decision, however just wanted to know if I could just take my daughter from temporary custody without establishing paternity ?& visitation

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Originally Posted by Mike Artis

My name isn't on my daughters birth certificate & she is in temporary custody by the mothers decision, however just wanted to know if i could just take my daughter from temporary custody without establishing paternity ?& visitation

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No, you can't. It would be kidnapping.

Thanks for the info.

Quote:

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Originally Posted by Mike Artis

My name isn't on my daughters birth certificate & she is in temporary custody by the mothers decision, however just wanted to know if i could just take my daughter from temporary custody without establishing paternity ?& visitation

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I think that was clearly answered in the first two responses. Without being established legally as the father, you have no rights. Therefore, taking the child from her legal guardians would be kidnapping.

Thanks for your answers.