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

    Aug 17, 2012, 07:34 AM
    Does the biological father have equal rights as the mother
    My boyfriend and I are having a baby but are arguing on the surname of the baby. I was wondering once the fathers name is on the birth cert does that give him equal rights to me. Also I was wondering what the laws are on paying child support if you are not cohabitating. And if something was to happened to me would the father have full custody or would that me my decision
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #2

    Aug 17, 2012, 07:45 AM
    THe biological father has equal rights to the child as the mother even if his name isn't on the birth certificate... all he does is petition the court they have a DNA test done and his status is confirmed and recognised legally.

    If you should die... he will have full custody and there is nothing you could do to stop it.

    In fact, he could still file for custody and fight for it... and stand a chance of getting it.

    Of course yo uare elligible for child support and that will automatically establish his status as the father as well... assuming he agrees its his, or DNA tests prove its his after he contested it.

    In other words... you can't deny him his rights...
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Aug 17, 2012, 08:31 AM
    His name on or not on the birth certificate does not change or give him any more or less rights.

    While the mother is normally given custody or joint custody without proving anything, the father can ask for and get joint custody fairly easy now a days.

    He will unless a real danger to the child get visitation.

    And can be liable to pay child support.
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