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    mammaju2's Avatar
    mammaju2 Posts: 6, Reputation: 1
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    #1

    Mar 8, 2011, 05:18 PM
    I live in mo, can I take name of baby father off birthcertifcate. Were not married?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Mar 8, 2011, 05:42 PM

    No, a birth certificate is a legal document and requires a court order to change. Plus, if the father doesn't agree, the courts are unlikely to grant it.

    You need to review the law before you answer questions about it. Your answer to the mother whose boyfriend wouldn't let her have her child was totally incorrect.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Mar 8, 2011, 07:26 PM

    Is he the real father ? Is there another man who is the real father
    mammaju2's Avatar
    mammaju2 Posts: 6, Reputation: 1
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    #4

    Mar 8, 2011, 08:36 PM
    Comment on ScottGem's post
    Not in Missouri... The law here says the unwed mother has custody. If she was married then it's a different story.. I know I'VE BEEN IN HER SHOES... Or my lawyer lied...
    mammaju2's Avatar
    mammaju2 Posts: 6, Reputation: 1
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    #5

    Mar 8, 2011, 08:38 PM
    Comment on Fr_Chuck's post
    Yes but doesn't take care of baby.. but if something happens to father having his last name will be handy.. i assume?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Mar 8, 2011, 08:48 PM

    But if something happens to mother, father has the right to the child.

    Next if both names are on birth certificate, both parents, mother and fathers has equal rights to the child, neither has more or less rights.

    If they are not living together, the courts even if married, often give preferred custody to the mother, but even unmarried, the father can normally get joint custody unless it can be proved he is a threat, or that they live too far away for joint to work.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Mar 9, 2011, 04:24 AM

    I suspect your lawyer did not lie, but rather simplified the law for you. You also have to understand that laws vary. Since you did not know where that mother was, the law in MO may not apply. This site explains it in more detail. Unwed Fathers' Rights in Missouri | eHow.com

    So in MO, the unwed father does not have custodial rights until a court orders it. But that doesn't mean a court will not order it for the asking.

    P.S. If you have a follow-up question or info, please use the Answer options, not the comments, and please don't shout at us.

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