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11595727 tn?1428875837

Donors Rights

Anybody knows what rights the 'father' have to baby if he is not on birth certificates? What if I file for child support? Will doing this give him any rights?
7 Responses
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11012099 tn?1429584810
If he pays child support then he has the right for visitation or having the child for weekends
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Avatar universal
It depends in the state you live in.  Chances are if u sue for child support the father will sue for custody.
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Avatar universal
Its all up to the judge if he has right or not
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11515243 tn?1427129031
Only way to get child support is to prove he's the father which will give him rights..
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Avatar universal
I am going through the same exact thing right now. In my state the father has zero rights to the child if we are unmarried. But he can file with the court for custody but he has to prove he's the father by paying for a paternity test then have another set court day for the court to recognize him as the father and then another court date to give him vistiational rights. He will never be able to have custody unless I become an unfit mother, which will never happen. But I have talked to my lawyer and I will be giving my daughter my last name and he will not be on the birth certificate. Don't stress too much over it. It will only drive you nuts trust me. Just concentrate on having a healthy baby. Everything will be ok, courts favor the mothers. So you will have them on your side through it all. Just breathe and don't stress.
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Avatar universal
Anyone can keep the father's name off the birth certificate so typically it's not going to have any part in custody. Without a custody arrangement, legally, it's all up in the air. I don't know your situation but I would call the courthouse and and ask about filing for custody just to make sure everything is secure for you and the baby.
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Avatar universal
Where I live, the father doesn't have any rights if he is not on the birth certificate. However, you cannot pursue child support without him being added to the BC and admit or prove that he is the biological father. Once that's established, you can pursue child support, but that gives him parental rights and you will likely going to court or mediation that will outline his custody arrangement and rights.

You can't have it both ways. Either you want to avoid giving him rights by not adding him to the certificate and making it difficult for him to establish paternity by forcing him to go to court for a DNA test, OR you skip all of that, add him to the certificate, and nail him for child support. But, yes, if he pays, he gets rights of some sort.
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