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

    Apr 14, 2008, 03:17 PM
    Unmarried Father's rights before and after the birth of the child
    What are my rights, in the state of Texas, as the father of my unborn child before and after it is born? Specifically, does the child take my last name and what visitation rights will I have once its born?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Apr 14, 2008, 04:52 PM
    She can put her last name or your last name or both last names.
    If your girlfriend does not put you on the birth certificate and refuses to let you see your child then you would have to go to court and fight it. You would need to get a paternity test and file for your rights. You can file for joint custody or partial custody and specify you want visitations.
    Even if she does put you down as the father you need to file for your custody rights.
    Also be prepared to pay child support.
    If you don't file you have no rights unless she agrees to let you see your child, but protect yourself and take it to court.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Apr 14, 2008, 06:00 PM
    Until the child is born you have no righs at all. The mother can decide what last name to give the child. And you have no automatic visitation rights, you will have to file in court to prove paternity ( unless you are listed on the birth certificate) and have the court assign custody and visitation.
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #4

    Apr 14, 2008, 06:12 PM
    You can file something (and I'm blanking on the name of it right now) BEFORE the child is born that states you believe you are the father of the child. That will prevent her from choosing adoption without your permission, or from having someone else named on the birth certificate.

    You have NO rights before the child is born, but that statement basically says that you WANT your rights.

    You will then have to go to court to establish paternity, visitation, child support, etc.

    Try to be involved with the pregnancy if you can--by paying for what you can, going to doctor's visits, if she'll let you, etc.

    But--be prepared to go to court as soon as the baby is born to establish your rights.

    Oh... and she can name the baby anything she wants. Her last name, your last name, some superstar's last name, anyone's last name--When you're born is the only time you can have virtually ANY name in the world (assuming the courts in the country you live don't determine that you can't, like poor Baby Metallica, wherever the heck that was again). She also has no obligation to name you on the cert.

    Good luck to you! I think it's great when I hear about guys that want to be involved!
    Venaro's Avatar
    Venaro Posts: 1, Reputation: 1
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    #5

    Mar 29, 2009, 11:25 AM
    This answer may be coming too late to be useful, but:

    In the state of Texas, where the mother of the child is unmarried, the assumed or presumed father of the child MUST be present at birth to sigh an acknowledgement of paternity (AOP) with which the mother of the child concurs with.

    By signing the AOP the fathers name will appear as the LEGAL father of the child. The state attorney generals office is responsible for administering child support, custody and parental visitation. As the LEGAL father, you have the right to visitation, but not to custody, as well as a legal and moral obligation to provide monthly child support to the mother, if you are not living together.

    There is a 4 year statute of limitations in the state of Texas. Any contest for or against determination of paternity must be brought forward before the 4 year limitation expires.

    Hope this helps.


    V
    timothymichael's Avatar
    timothymichael Posts: 1, Reputation: 1
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    #6

    May 22, 2012, 05:14 PM
    What if the mother is or was using meth what are my rights then
    annabuddie's Avatar
    annabuddie Posts: 1, Reputation: 1
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    #7

    Jun 28, 2012, 01:31 PM
    I got pregnant by a guy who dumped me and got married 3 weeks later. I found out I was pregnant and he found out. I don't want anything to do with him he hurt me too badly and I don't trust him at all. Do I have to let him around my child once its born?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Jun 28, 2012, 01:37 PM
    Quote Originally Posted by annabuddie View Post
    ... do i have to let him around my child once its born?
    Not unless he is on the BC or has a court order for visitation, etc.

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