when the father is not named on the birth certificate what rights does he have to the child, i have not had my child yet but do not want my ex to have access to him/her he is willing to pay maintenance but i dont want it if it gives him any rights and i do not want to name him father on the birth certificate but is there anything i can do to stop him having access as i dont want him in my house and will not allow him to take the baby out either. plez help.
2007-03-26 10:19:04 · 16 answers · asked by Victoria F 1 in Politics & Government ➔ Law & Ethics
Fathers have rights also, not sure why you do not want the father on the birth certificate but you do not sound like you are American when you say "willing to pay maintenance" but you do not have choices in the US that you could choose to accept the child support but not let the father have his rights to visitation - I do not see where you have the choice to not allow him to take the baby out, he is the father, and unless there is some abuse (which you have not mentioned) why shouldn't he have his rights too?
2007-03-26 10:30:22 · answer #1 · answered by M B 5 · 0⤊ 0⤋
He can always insist upon a DNA test to prove parentage. Stop thinking about what you want or don't want. Consider the little child asking about a father, and you putting him down. This may make you feel better, but will do terrible emotional damage to your child. How do you plan to support a child? Welfare?? Get real, it takes a lot of money just for living expenses and children need a lot of supplies and medical care. Name him as the father, to protect the child's interests, for example, Soc Sec benefits, school financing and medical insurance. If you are truly afraid, get a restraining order from the police, but don't put yourself ahead of another person's rights because you are in a turmoil right now. What if something terrible happens to you....and no father named.....that could mean a lifetime of foster home placements. Time to grow up and think like a big girl, it is a long road ahead of you. Best wishes. Been there, done that
2007-03-26 17:32:19 · answer #2 · answered by tylernmi 4 · 1⤊ 0⤋
The childs biological father can apply to the courts for a parental responsibility order.
This is an application to a Family Court by a person (often an unmarried father) that he should have all the rights and duties of a parent concerning the child. It will be necessary when a person with parental responsibility (usually the child's mother) objects to the applicant having parental responsibility.
Unless you have proof that he is an unsafe person in regard of the child then you won't be able to do much to stop him.
Whether or not he has parental rights he is still responsible for financial.maintainance
2007-03-26 17:40:09 · answer #3 · answered by treefrog 1 · 0⤊ 0⤋
It's going to be very difficult, if not impossible, to keep him from the child if he's proven to be the father, regardless of what the birth certificate says. And if he's paying maintenance, then the judge will really love that. Need to try to patch it up and get along.
2007-03-26 17:25:21 · answer #4 · answered by dwforce 3 · 1⤊ 0⤋
All the above make very valid points - and Legal advice is the best course of action and CAB would have useful input.
However if you want to lead your own life and not be pushed about by the UK legal system - consider leaving the country - (which may not need to be as extreme as that may sound) as once you are beyond the jurisdiction of the uk courts you are free to live the life you want not the one that UK PLC is currently of the opinion that is best for you.
Consider looking at Ireland and Scotland initally, as their legal framework is different enough that you may get sufficient protection from unwanted intrusion under their laws.
Also a short hop (1 or 2 years?) across those borders may put enough time and distance for you both to consider your position.....?
2007-03-26 17:39:24 · answer #5 · answered by Anonymous · 0⤊ 0⤋
if you put on the birth certificate " father unknown " or " mother refuses " then he has to prove that he is the father. A lot of guys will not go to that extent. However, if you force his han and he does take you to court to prove the baby is his thn he will have every right to the child and you will be in contemp if you do not comply.
You might try NOT listing him and then if he does take you to court after the baby is her you can explain to the judge why you felt the need to disclude him and maybe that will help your case. You will have to have proper documentation of any abuse or harrassment so be prepared.
2007-03-26 17:23:57 · answer #6 · answered by bootsjeansnpearls 4 · 0⤊ 1⤋
You should have thought of that before you decided to have a child with this man. You want him to pay for the child, but not to see the child??? What's up with that? He is the father and has every right to see his child.
2007-03-26 17:28:39 · answer #7 · answered by Just Me 2 · 2⤊ 0⤋
He can go to court and get visitation rights. You have no right to keep him from his child unless you can prove that he will harm the baby. A child has the right to know his father.
2007-03-26 17:22:23 · answer #8 · answered by notyou311 7 · 2⤊ 0⤋
As the paternal father, he will always have rights. No matter if theirs a signature or not.
You can fight it, but once the paternity test comes back his, then he's got all the rights.
What you can do is get married, then opt to adopt the child. They will ask the paternal father for permission. And if he does, then, he's given up his right.
2007-03-26 17:23:26 · answer #9 · answered by Scott D 5 · 2⤊ 1⤋
This is a court mater if he pays child support then he may have wright if he don't pay then he may have NO wright if this is the case call up the police department and get a restraining order on him thanks.
2007-03-26 17:26:25 · answer #10 · answered by pjlisa13 4 · 0⤊ 0⤋