The parents were not married when the kids were born, but later married. He never was put on the birth certificate and never even signed it. The kids use the mother's maiden last name. Does he have a right to child support if he keeps any of the kids? Does he have legal rights for custody?
2007-03-20 04:01:47 · 9 answers · asked by mary v 1 in Family & Relationships ➔ Marriage & Divorce
Birth certificate is legally insignificant. Paternity must be declared if the birth is out of wedlock, it is assumed if married.
2007-03-20 04:04:37 · answer #1 · answered by DaddyBoy 4 · 1⤊ 0⤋
I would say that he would have to take a paternity test and prove that he is the father, since he is not listed on the birth certificate, before he had any legal rights to custody of the children or to any support.
2007-03-20 04:05:35 · answer #2 · answered by Tallulah 4 · 1⤊ 0⤋
These would be matters that the family court would decide. Generally speaking however even if his name is not on the birth certificate most states would recognize him as the father because he acted as such...even if he wasn't the biological father. This is because it would be in the child's best interest. Custody and child support are matters that will and would be settled in court.
By the way, the Anna Nichole Smith issue is not pertinent here because none of those men acted as the father for any length of time.
2007-03-20 04:06:23 · answer #3 · answered by mental 3 · 1⤊ 0⤋
I don't know what state you live in, but mother's complete the birth certificates and father's don't sign anything in my state. You could say Daffy Duck was the father. Anyway, it really doens't matter. If paternity is established, then he has parental rights and responsibilities that will be mandated by the court. If paternity is being questioned by either parent, a blood test is in order.
2007-03-20 04:11:39 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If he is not on the birth certificate and never
formally adopted the kids then he will have
to prove he is the father in order to get any rights.
Look at the Anna Nicole paternity mess right now...
2007-03-20 04:05:31 · answer #5 · answered by Anonymous · 1⤊ 0⤋
well I'm sure he wants legal rights to his children, therefore the courts will order a paternity test, which will come back positive and then yes he has as much legal right to his kids as does the mother.
2007-03-20 04:05:21 · answer #6 · answered by MJ 3 · 1⤊ 0⤋
If there is a paternity test and he is in fact the father, he has rights to the child. This is a very simple test.
2007-03-20 04:04:02 · answer #7 · answered by sassinya 6 · 1⤊ 0⤋
He's got to go to court and prove he's the dad she could just leave with them if she want's and if he's the father he better give her cheak's every week that say's child support on theam because they could go back 2 year's
2007-03-20 05:11:55 · answer #8 · answered by XoAngieXo 3 · 0⤊ 0⤋
i want to say the jubge goint to tell you bot to get a d,n .a ....test, but like it stand you get custody,, but no child sport
2007-03-20 04:06:33 · answer #9 · answered by ghostwalker077 6 · 0⤊ 0⤋