My daughters father's name isn't on the birth certificate...so i was wondering do i still have to take him to court to get sole custody or do i already have it? Alot of people are telling me different things..
Thank you!
2007-02-15 04:47:47 · 14 answers · asked by breyanasmommy 2 in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
As long as he isn't named. You have sole custody. If he wants custody he'll have to have a paternity test done and then have a court order it. With that comes child support too. I've been in this situation for 5 yrs now.
2007-02-15 04:50:42 · answer #1 · answered by Melanie A 4 · 0⤊ 0⤋
in the state of OK, if the parents are unmarried, the mother is the sole custodial parent. Of course that is unless the state takes the baby away due to drugs or something along those lines. But check with you state laws but I think that this is common in almost all states.
If his name isn't on the birth certificate, then he would have to prove paternity before any visitation or partial custody could be established
2007-02-15 04:52:32 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Right now you are the custodial parent because you are the one financially and practically responsible for her care. But his name not being on the birth certificate does not make him a non-parent. He may have to prove his paternity, but he can certainly approach the courts at any time to challenge the current arrangements. Daddy's have rights - and responsibilities.
If you want to lock in your status as sole custodial parent, you need to have a document from the court designating you as such. The problem is you open the door for daddy to walk in and ask for visitation, weekends, etc.
Think carefully about what you really want to accomplish here and what is going to benifit your daughter (not you) the most.
You can click on the link below and read up on custody laws.
http://www.lectlaw.com/files/fam16.htm
Good luck
2007-02-15 04:58:11 · answer #3 · answered by PamV 3 · 0⤊ 0⤋
No, you don't. My cousin is going through the same thing. The babies mother gave up all rights to him and because he isn't on the birth certificate, then he has no rights to the baby, either. The baby went to the grandparents.
Unless he takes you to court and the judge orders a paternity test, which is unlikely because he won't want to pay child support.
2007-02-15 04:56:01 · answer #4 · answered by ♥Princess♥ 4 · 0⤊ 0⤋
i trust that the in trouble-free terms way on your gilfriend to be a legal make certain on your children and get custody of them in the case some thing got here about to you-is through her Legally adopting your daughters. She can not be on the beginning certificate-considering she's no longer the organic and organic mom nor the organic and organic father so nope, there is not any incorrect way-i understand similar sex couple interior of an similar difficulty as you and the non-bio make certain has followed the newborn considering there grow to be no incorrect way. yet again Im no longer a legal professional.
2016-12-04 05:21:57 · answer #5 · answered by ? 4 · 0⤊ 0⤋
Custody can always be re-visited. Dad would have to initiate a court action to remove custody from you. If he has not already accepted responsibility and pays child support, he will first have to prove paternity.
2007-02-15 04:58:07 · answer #6 · answered by Bobbie E 3 · 0⤊ 0⤋
My ex husband's name wasn't on my daughter's birth certificate but we still had to go to court. If you deny him parental rights he can ask for a paternity test and you'll have to pay for it. I would get a lawyer if he is trying to get custody and go to court. You need to call a lawyer anyway and get legal advice.
2007-02-15 04:54:40 · answer #7 · answered by Shorty 2 · 0⤊ 0⤋
Since he is not legally recognized as the father, he has no claim to custody. This also means that you have no claim to child support. For him to get custody, or for you to receive support, either of you would have to petition the court for a DNA test to establish paternity.
2007-02-15 04:52:00 · answer #8 · answered by Heather Y 7 · 0⤊ 0⤋
he can fight and get his name put onto the birth certificate if he can prove it is his child....as far as custody you already have it unless he can prove your an unfit mother...every state has different laws and the only way to really tell is see a lawyer to make sure
2007-02-15 04:51:52 · answer #9 · answered by kauaichic420 4 · 0⤊ 0⤋
In the uk unless you are married, if the father isn't on the birth certificate you have sole parental responsibility. If he wanted to gain custody or parental responsibility he would have to take you to court.
see below link
http://www.direct.gov.uk/en/Parents/FamilyIssuesAndTheLaw/ParentsRights/DG_4002954
2007-02-15 04:54:00 · answer #10 · answered by shaz 3 · 0⤊ 0⤋