If my daughters dad is not on the birth certificate but now he wants to take me to court?

Question

To have rights for his daughter, he has been in and out of prison, he is in anger management classes, fighting a case,ex-parole, he smokes weed and sells. I left him for all of those things and he think he can have some rights! i dont think so. But do you think the judge will favor or will it rule out and i have full custody! If we dont end up going to court he has no rights because he is not on the bc right?

Answer 1

The birth certificate doesn't matter. He has no rights to see your child if he refuses to pay child support.

Answer 2

Bad as he is, he is the father. He can ask for a court-ordered DNA test to prove paternity. If he is truly the father, then his criminal record will be taken into consideration when the judge sets visitation. A father has a right to see his children - even if he is a rotten one. The judge could order supervised visits - or none - or unsupervised visitation.

The judge will also set a child support payment that he will be responsible to pay - and the judge might also demand arrearage payments.

You may have sole custody but the father still has rights.

Answer 3

Courts normally go in favor of the mother as long as she is taking care of the child. Based on his background I don't see him getting custody but there could still be a possibility of visitation rights. Even though he is not on the birth certificate he can request a paternity test to prove himself as her father.

Answer 4

Check the laws in your state. Some states, like South Carolina, do not give visitation just because the father is paying support or has genetically proven to be the father. Find out what determines parental rights for your state. You have a daughter to protect you need to know these laws better than his lawyer will.

Answer 5

Even if the judge does allow visitation it will be supervised with that guys record. I would go to court and say that you are concerned with the child's welfare and don't want him around your kid. You have the most rights to your child since you have been the one who raised her all this time. I'm not sure if the BC matters either way?

Answer 6

All he needs to do to gain his parental rights is to request genetic testing. The court will probably order you to comply. If/when he has positive results, he has every right to seek a relationship with his child (in the eyes of the law). The judge will not likely grant him custody but probably visitation. You should prepare yourself and try to improve your relationship with him.

Answer 7

He could have a DNA test taken and be proven the father in court. Then he will gain his rights, along with having to pay child support. Depends on how much proof you have against him or he has against you as far as determing the custody situation.

Answer 8

First of all a DNA sample can be taken of your daughter and him. Second, they would probably investigate your background also. If they have proof of all his doings they would probably be in your favor. The judge could order the DNA sample, these days it can be just as good as a Birth Certificate.

Answer 9

I would start getting all the solid info you can - proof of his criminal history, etc.

Start writing down every time he calls, what he says, etc.

If you don't go to court, there isn't anything he can do. If you go to court, he'll probably get supervised visitation at first, then regular visitation if he does well with supervised.

Then he'll also be required to pay child support.

Answer 10

If can prove by DNA he is the dad, the birth certificate has nothing to do with it. If you can prove all those things you might. Get him to sign away his parental rights.