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patricia_-_2006 · Dec 31, 2007, 10:35 PM

I am currently in Texas, my daughter was born in IL. I got pregnant at 16, he was 18. He is not on the birth certificate. Does not support her and does not visit her or show any real interest in her. She is now two years old. He does however, have a DNA test proving she is his. Does he have legal rights to her or not?

09202007 · Dec 31, 2007, 10:45 PM

If he has a DNA test proving he is the father then yes he has rights to her. For the simple fact if he has a document proving paternity then the state would see it as OK if he came and got her with or without your permission.

Fr_Chuck · Dec 31, 2007, 10:46 PM

He has a legal right to file in court for visitation, he does not have any direct rights till he goes to court and gets a court order.

Do you have a child custody order in place though the courts,? Do you have court ordered child support that he is suppoe to pay?
Does he have specific visitation that was given by the court ?

If he has court ordered visitation, those rights are there until the court takes them away.

patricia_-_2006 · Jan 1, 2008, 07:27 PM

No he has never paid child support nor is there any court order for any. Nor is there a court order for visitation, which he also doesn't do. There is only the DNA test. That is the most legal document I have with his name on it.

macksmom · Jan 2, 2008, 08:22 AM

Originally Posted by 09202007

If he has a DNA test proving he is the father then yes he has rights to her. For the simple fact if he has a document proving paternity then the state would see it as OK if he came and got her with or without your permission.

Comments on this post
macksmom disagrees: Just because he is on the birth certificate does NOT mean he could come and take the child without the mothers permission, he would need a court order for visitation.

Opps... didn't mean "birth certificate"... but just because the father has a DNA test proving he is the father doesn't mean he can come and take the child. The father has parental rights, but needs to act on them in court. He would have to go to court for visitation at which time he could have his name added to the birth certificate due to the results of the DNA test.

But until it is established in court, he has no legal rights.

ScottGem · Jan 2, 2008, 08:30 AM

Macksmom and Chuck are right in this case,09202007 is dead wrong! Even with the DNA test, there is a time frame in which he has to exercise his rights. I don't know what that would be for your area. But if he were to just come and take her, it would be considered kidnapping, DNA test or not.

Without a father's name on the because, you are the sole legal custodian. To change that would require a court order. That doesn't mean he couldn't obtain one, though. If he went to court with the paternity test, he has a good chance of getting partial custody with visitation.