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    brookiend1204's Avatar
    brookiend1204 Posts: 1, Reputation: 1
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    #1

    Oct 18, 2011, 05:04 PM
    What rights does the father have if he is not the birth cert.
    My baby boy will be born in feb. Of 2012. The father and I split up in July of 2011. We are not together nor will we ever. In the state of Indiana, what rights does he have if I do not put him on the birth certificate. What rights does he have if I do? I plan to work out some kind of agreement with him on when he can have our son with mediation instead of courts. Just wanted to know what his rights would be. Thanks!
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Oct 18, 2011, 05:31 PM
    All he has to to is ask for a DNA paternity test and ask the court for custody or visitation... then its up to the court and not you what happens next. Sorry, as a father his rights are equal to yours unless a court determines otherwise. He could even file for full custody, he can have a court ordered visitation schedule. That is legally binding and would lead to legal issues for the person refusing to honor it. What you are willing to do or not is immaterial, he goes to the court and you really don't have a choice because they make the decisions.

    Its in your best interests as well as the child's to at least be civil towards the father.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Oct 18, 2011, 09:31 PM
    First the mediation will have to be "though the courts" to be binding. And he can decide to file for custody, joint custody or visits though the court, so he has the right to also decide where and how things are decided.

    He has the same rights as you do, but unless he is on the birth certificate, he has to file in court and get a DNA test first to prove he is the father to go though court to enforce those rights
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 19, 2011, 03:47 AM
    Being on the birth certificate or not, does not affect his rights one way or the other. All it means is that he has to go to court to establish paternity. Once he does, he has the same rights as any father.
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