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    KSMAMA's Avatar
    KSMAMA Posts: 1, Reputation: 1
    New Member
     
    #1

    Nov 20, 2007, 02:22 PM
    What rights does my ex really have?
    I live in the state of KS and since every state law is different if you know the laws here please help... I am 8 months pregnant with my 2nd child. (My daughters father is long gone not worried about him). My sons father left me the day he found out I was pregnant. Then about 2 months ago he decided he wants to be apart of this... which is great except he has a drinking problem... Drinking comes first... He hasn't done anything for our son but yet says he has no money but yet goes out drinking 2-3 nights a week. I am done and don't want him around my son. Its not fair for him to just come and go as he please do nothing for my son and yet still get to see him. I think that's crap. So if I don't put his name on the because does he still have rights or not? I have been told by several friends they did it and the sperm donor had no rights... I am not sure if its because they really didn't have rights or because the guys didn't care. I would rather go with out child support... which I won't see anyway... he job jumps around and will run as much as he can from it... then have to deal with him anymore.
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
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    #2

    Nov 20, 2007, 05:38 PM
    You can not put his name on the birth certificate but it will only delay things really.

    If the father wants to be on the birth certificate he can be, and there is nothing you can do. Even if you don't put him on the birth certificate he can request a DNA test and be added.

    Keep in mind, not putting him on it will stop you from being able to file for child support because you will have to list the father as "unknown".

    So the answer to your question is, yes... if you do not put the father on the BC then he has no rights until he petitions otherwise. But he can get his name added at any time.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Nov 20, 2007, 07:27 PM
    You don't have to put his name on the birth certificate. But if the bio father wants his rights, he merely sue in court for a DNA test and will be awarded rights.

    But if he wants rights, he can get them.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Nov 20, 2007, 07:49 PM
    As noted, leaving him off the because only makes him work harder to get his rights. But as long as DNA proves he's the father, then he has rights.

    What you need to do is consult an attorney to protect your rights. You will need to file for full custody as soon as the child is born.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #5

    Nov 20, 2007, 07:51 PM
    Has he been proven to be the father? If not then he has no rights. But if he has, then he can seek visitation, etc. and it's highly unlikely that the court will cut him completely out of his son's life. They may impose limitations, etc. but they won't keep him from his son.

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