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

    Oct 1, 2008, 10:03 AM
    Getting a name added to baby's birth certificate WITHOUT my permission
    I am having a few probs with my baby's dad. He wants to take her for a whole day on his own and I don't trust him yet (I have very good reason!) He is now saying he is going to fight to get his name on her birth certificate then I won't have a choice but I don't want this therefore won't give permission. Can he do this?
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #2

    Oct 1, 2008, 10:16 AM

    By fight does he mean go to court? If so then yes absolutely he can do this. Did you not put him on the because when the baby was born? If not then all he has to do is go to court. The jude will order a DNA test and you will have to submit to it. If the results come back that he is the father the judge will order the because be changed. The judge will also then order support and a visitation schedule. He is the father he has as much right as you do as long as he is willing to go to court to have it enforced.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #3

    Oct 1, 2008, 10:44 AM
    Quote Originally Posted by carlypompey View Post
    I am having a few probs with my baby's dad. He wants to take her for a whole day on his own and i don't trust him yet (i have very good reason!) He is now saying he is going to fight to get his name on her birth certificate then I won't have a choice but I don't want this therefore won't give permission. Can he do this?
    I have a few questions. Firstly, what reasons do you have for not trusting him? Has he been careless or negligent or is it personal issues(cheating, lying, etc.) which cause you to not trust him? If it's the latter, that's not grounds for keeping him from his child.

    Secondly, he doesn't need your permission. He can go the court house and file a motion. If a paternity test hasn't been done yet, then the court will order one to make sure that he is the father. If the test results show he is the father, then it's very likely that his name will be added. Then you'll both have to go through the hassle of child support, custody, visitation, etc. Is there a particular reason you don't want his name on the certificate?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Oct 1, 2008, 10:53 AM

    He may or may not get his name on the birth certificate, but he can take you to court, prove he is the father though DNA tests, and get visitation, and other custody rights.
    He will also have to pay child support. But unless you can prove he is a serious danger to the child, yes he will get visits where he takes the child home with him.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Oct 1, 2008, 11:08 AM

    He's wrong that, if he gets his name on the because that you won't have a choice. I also suspect he doesn't know what will be involved with putting his name on the because.

    As noted, he will have to go to court to establish himself as the legal father. The court will order a paternity test. When the test comes back, they will declare him the legal father.

    Now, if he does file to become the legal father, he will also request a visitation schedule. You will, in the meantime, file for child support. You can also fight the visitation schedule. If you can present evidence that he is incapable of caring for the baby properly, you can get a visitation schedule more to your liking.

    But this will all be played out in the courts so, if he does file, you should get an attorney to protect your interests.
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