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    jazzy03's Avatar
    jazzy03 Posts: 1, Reputation: 1
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    #1

    Nov 3, 2010, 06:38 PM
    What rights has an absent father who's name isn't on birth certificate got ?
    Hi I've got an 8 week old son, I split up with my partner after I had the baby, he's name is not on my son's birth certificate I don't get any money from him he has not seen him for over a month and has had very litte contact since he was born. Now he say's he's going to a family lawyer to see what rights he has now as he not on the birth certificate what rights does he have or could he get? Also he got a on going case with a ex about he daughter who is 7 and he see's very often he got legal aid many thanks
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #2

    Nov 3, 2010, 07:13 PM

    He may get up to joint custody of the child, at the very least a normal visit schedule.

    He does not have to pay at this point, since you have not went to court to get any court ordered child support.

    He merely has to get a court order to prove he is the father though the court ( DNA) and once that is done, he can exercise his rights though court the same as if he was on the birth certificate.

    So expect him to get full visit rights at the very least.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Nov 3, 2010, 07:17 PM

    A father has the same rights as ANY parent. In other words he has the same rights as you do! The only difference since he's not on the birth certificate is that he has to go to court to enforce those rights.

    Since your son is only 8 weeks, very little time has passed so that he can't get his rights enforced. And frankly, shame on you for denying your son a chance to know his father. Unless the father would pose a danger to your son, there is really no excuse for it.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #4

    Nov 4, 2010, 08:02 AM

    First of all, has paternity been established? I'm not suggesting that this man isn't your son's father but it still has to be proven legally. In the case of an unmarried couple this is usually done through a DNA test. Him signing an affidavit of paternity is another alternative. Either way, once paternity is established he has full rights to visitation, joint custody, etc. whatever he wishes to pursue. And he has the corresponding obligation to provide financial support for his child. All of this has to be formalized in your local Family Court once one or both of you initiates it.

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