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    Mike Artis's Avatar
    Mike Artis Posts: 4, Reputation: 1
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    #1

    Dec 11, 2012, 03:57 PM
    If my name isn't on the birth certificate can I take my daughter from the guardian of
    Do I have any rights to take my daughter from the guardian of her if my name isn't on birth certificate ?
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #2

    Dec 11, 2012, 04:00 PM
    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.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #3

    Dec 11, 2012, 04:16 PM
    Can you explain the situation a little better in more detail ?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Dec 11, 2012, 04:52 PM
    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.
    Mike Artis's Avatar
    Mike Artis Posts: 4, Reputation: 1
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    #5

    Dec 11, 2012, 05:25 PM
    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
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #6

    Dec 11, 2012, 05:26 PM
    Quote Originally Posted by Mike Artis View Post
    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
    No, you can't. It would be kidnapping.
    Mike Artis's Avatar
    Mike Artis Posts: 4, Reputation: 1
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    #7

    Dec 11, 2012, 06:09 PM
    Thanks for the info.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Dec 11, 2012, 07:35 PM
    Quote Originally Posted by Mike Artis View Post
    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
    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.
    Mike Artis's Avatar
    Mike Artis Posts: 4, Reputation: 1
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    #9

    Dec 11, 2012, 07:44 PM
    Thanks for your answers.
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