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

    Aug 17, 2012, 12:48 PM
    Father not on birth certificate
    If the father of my child is NOT on the birth certificate. Does he have a right to see his child? Or know anything about him?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Aug 17, 2012, 02:03 PM
    Of course he has the rights, he may have to file in court to get joint custody, or visitation or other legal enforcement. Being on or not being on the birth certificate does not take away his rights, or his obligations.

    Is there a child custody order in place ?
    Has there been DNA testing to prove he is the father?
    Is there a child support order in place?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Aug 17, 2012, 03:15 PM
    A father has the rights of any father. The only difference is he may have to go to court to enforce those rights. Leaving him off the birth certificate may make it more difficult for you. If you have apply for public assistan ce they will require the father be identified. If you ever marry and want your husband to adopt the father will have toi be identified and contacted. You also owe it to your child to get child support.

    And, why would you have sex with a man and then not allow him to be a father?
    gracevictoria's Avatar
    gracevictoria Posts: 7, Reputation: 1
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    #4

    Sep 24, 2012, 09:56 PM
    There is no custody order in place, My son lives with me and Im the only one who supports him.
    There hasn't been any DNA tsesting norhave I put him on child support.
    And I had sex with himthinking he would be a father but instead he's been in and out of jail has never provided anything for his child nor has he at least just watched his child when needed and never comes to see him only when he feels like it which is once every few months. To me that is defaintly not being a father and I believe my sone should have good people around him and when his father does prove to me that he's changed I will allow him to see his child.
    And thank you for your guys help! I appreciate it.
    gracevictoria's Avatar
    gracevictoria Posts: 7, Reputation: 1
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    #5

    Sep 24, 2012, 10:00 PM
    Oh and Scott Just wondering you said that if the father is not on the birth certificate and I were to marry He would have to be contacted. THis isn't in my situiation but what happens to those weomen who really have no absolute idea who the father of the child is? The husbands can never adopt? Does the state or whomever really need the father invloved? IM just wondering because that's quite odd.
    kyleebeauford's Avatar
    kyleebeauford Posts: 4, Reputation: 1
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    #6

    Sep 24, 2012, 10:28 PM
    If you don't know who the father is then there are different ways to go abouy it , but yes say the girl was raped never found out who did it became pregnant meet a guy the guy love you and your son he then yes could adopt your son its different situations this case they know who the father is and he would probably fight it... I think they also run the dna through the service to see if theirs anymatches first too but therea always away .
    gracevictoria's Avatar
    gracevictoria Posts: 7, Reputation: 1
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    #7

    Sep 24, 2012, 10:32 PM
    I see well thanks :) that was helpful. I appreciate it.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Sep 24, 2012, 10:52 PM
    Of course you know who the father is, you put him on child support ? Are you saying you lied to the child enforcement people, about who the father is ?

    But if you don't know, you will need to try and find out, and make a effect to contact the possible men and contact them. The court at this point will see the fraud in it, since you have claimed a father, used child support.

    The issue here is, it really does not matter what YOU want, if the father goes to court and asks court for visits, and if it is awarded by court, you will have to let the father visit, not your choice, it is the courts choice.
    gracevictoria's Avatar
    gracevictoria Posts: 7, Reputation: 1
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    #9

    Sep 24, 2012, 11:03 PM
    I think you mis understood , I do know who the father is and I didn't put him on child support. And I understand that but I doubt he'll ever take me to court. He doesn't want to support his child and if he takes me to court he will have to apply for child support and he doesn't want that.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Sep 25, 2012, 03:11 AM
    Quote Originally Posted by gracevictoria View Post
    Oh and Scott Just wondering you said that if the father is not on the birth certificate and I were to marry He would have to be contacted. THis isnt in my situiation but what happens to those weomen who really have no absolute idea who the father of the child is? the husbands can never adopt? Does the state or whomever really need the father invloved? IM just wondering because thats quite odd.
    The law provides for such eventuality. The law requires that a good faith effort be made to contact the father. The court will provide guidelines about what will be considered a good faith attempt and will review the proof that such an attempt was made.

    In the case of a rape, it would depend on whether it was reported or not. If it was, but the perp was never caught, the police report of the rape, would probably preclude the need for such a search. The law isn't perfect, but the law tries to cover the rights of both sides here. So I don't think it odd at all. Unless there is a case of rape, a woman generally knows who she had sex with . So it should not be difficult to identify potential fathers for testing. And, while I would suspect that many men, when faced with a child they didn't want, will be happy to not be called out, there are fathers, who want to step up. There is another thread posted within the last couple of days about such a father. No I don't find it odd at all.

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