can a mother stop a father from seeing his child? if his name is not on the birth cerificate?

Question

he can't prove he is the dad. does he have any rights for contact with his child? (uk)

what about if the mother efuses to co-operate with DNA test?

Answer 1

Technically a mother can deny a father seeing his child but not once the courts are involved. The question here is should a mother ever deny the rights of a child to see his/her father. Unless this would place the child at risk then the answer is always no. No matter what has gone before between the parents remember that it isn't the child's fault and the mother should never use the child as a tool of punishment for the father. If the mother is mature enough to bring a life into the world then she should be mature enough to deal with the situation in hand.

Answer 2

A child has the RIGHT to know its father. Whatever has happened between the mother and the father is between them and should NOT involve compromising the childs welfare.

I suspect that if he is 100% determined to see HIS child then he will go to court. The court will listen to what both parties have to say. I would imagine that if they determine a DNA test is required, then the mother will have no choice.

When the results are available, everyone will be sure.

The only way the mother is going to prevent any access is if she can PROVE to the courts that the welfare of the child would be seriously compromised because the father is a REALLY bad person - like a paedophile, murderer, drug dealer, alcoholic - and cannot possibly look after a child. They might however grant supervised access.

Answer 3

Where his name is not on the birth certificate AND he was not married to the mother at the time of the birth, then he has no automatic access rights. He can however petition a court to grant him parental rights, and can insist on a DNA test. If this is negative, then the court may decide to deny him access rights, even where he has previously been contributing to the child's upkeep. However, if positive, then it will be just like any other custody dispute - the father can ask for access and if the mother argues against this, then it will be up to the courts to decide.

As with all aspects of family law, if you can agree a solution, this is always cheaper and easier for everyone than taking it through the courts - only go that route when you really can't find an acceptable compromise. One aspect of voluntary access is that it's up to you to set the rules, so it can work in your favour to offer something rather than refuse and let it go to a legal process.

Answer 4

Not sure about in the UK but here in the states he has no rights if his name is not on the birth certificate. Unless he gets a court order to prove with dna he is the father and that its in the best intrest of the child which is rare.

Answer 5

yes the mother can stop visitation rights until the father can prove the the child is his, the main concern is when the child gets older and wants to find his biological father, it is so easy these days with the help of DNA, what will the mother say to the child why she has not let the him see his father,the tables could turn and the child could finally hear the fathers side of the story and end up hating the mother,maybe thats something to think about...

Answer 6

If his name is not on the birth certificate he is unlikely to have what is known as parental responsibility (ie a legal right to be the child's parent). He can however demand a dna test which will establish if he is the father (ps I'm not assuming he isn't - this is a formality and he would have to do this) and if it establishes he is he dad, the next step is that he has to apply to court for either exclusive or shared parental responsibility. A court might also grant him some visitation rights in the interim until this could be established. You should discuss this with the citizens advice bureau or your solicitor. If you have a social worker i would also discuss it with them.

Answer 7

Yes, I'm afraid she CAN stop you/him, BUT you/he have an Ace in the hole, take HER to court and demand a paternity test, if the test proves you/he are the father UK laws demand your/his name be put on the birth certificate, sadly there is a downside, without DNA proof, you/he has no rights. I know this because my middle son is career Army and spent 2 years in the UK, he was entangled in an almost identical situation that took nearly 6 years to resolve. I wish you/your friend ALL the best in the world, children should know and be loved by BOTH parents.

Answer 8

I'm not too sure how it works now. I know my ex has no rights at all over my son but my current partner has "married" rights over our baby because the new rule came in. I think if the father's name is not on the birth certificate, or even if it is and the child was born before the rules changed, then the father has no rights at all over the child. Saying that, he could still go to court, etc. to gain access and if there is no reason why he shouldn't have then the court will probably grant access.

Answer 9

If you were married when child was born then he has rights, if you were not then unless he signed a Parental Rights form when you registered the child's name -which sounds unlikely as he is ot named on certificate - then no he has no rights to the child. Tough on him but it is to protect the child. You can't be forced to have the child take a DNA test either, not unless he has a damned good argument to prove child is his and he gets a judge to order it.

Answer 10

Why would you refuse the DNA test unless you knew he really was the father, and if is, then he deserves the rights to see his child - unless for the childs welfare a court has denied access.

However if he is wanting to see his own child unless you have very good grounds and reasons for him not doing so do you think you are being fair and being fair to the child.