can my my sons mother be brought up on charges somehow for knowing that I am the father of our son, that I wanted desperately to be a part of his life, and knowlingly leaving me off of the birth certificate?
2007-04-17 15:23:09 · 19 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
The mother cannot be charged with anything for not giving a fathers name on a birth certificate. However, depending on the state you live in, she may not be able to put your name on the certificate yet, that is if you two are not married. From your question, it sounds like you are not. Here, in PA, when a child is born to unmarried parents they have to fill out an AOP (Acknowledgment of Paternity) form. A fathers name cannot be put on a birth certificate without established paternity through either an AOP or determined through a court or administration agency. A father can sign a AOP without the mother, but it does not establish paternity rights, but you will be notified if there are any cases filed to relinquish the fathers' custody rights. You would need to go through the courts to establish any custody rights. But, a mother can not fill out an AOP without the fathers signature. Before getting angry at your child's mother, check the paternity laws in the state you live in. It may have not been her fault. If this does not apply to you, I would speak to a lawyer about how to go forth in establish paternity and custody rights. Then you will be allowed visitation with your son. Good Luck!
2007-04-17 16:04:46 · answer #1 · answered by Krissi 4 · 0⤊ 0⤋
well she can leave the space for the name of the father blank or write N/A. Not everyone puts the name of the father on the birth certificate for many reasons. i live in VA and i know a couple people who have not put the father on the Birth certificate for their own reasons. Not putting him on the Birth certificate because she does not have a good relationship with him is no reason. i understand that she is worried that he might treat the kid the same way as he does her but she cant by law keep the kid away from his father. That is the same thing as if he did that to her keeping the baby way, etc. That is for the judge to determine down the line. She might even be hurting the child down the line too. I would still put his name on the birth certificate see how he acts around the baby and toward the baby and then if he still acting like a butt then go to court.
2016-05-17 22:06:30 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Contact an attorney. A judge can order her, through a court order, to submit the baby for DNA testing. You can be tested with the baby by submitting saliva (no blood). A DNA lab will compare your DNA pattern with the baby's and issue a report that can be used in court and to send to your state's Office of Vital Records to reissue a new birth certificate listing you as the father. (But only if the test is performed by an AABB accredited lab, with a proper chain of custody, photographs, etc. Check with an attorney familiar with DNA paternity testing). In many states, unless the two parents are legally married, the father's name is not listed on the birth certificate. In all probability, she cannot be charged with anything. It will all be costly, but it would be worth it to ensure that you will be a part of your child's life. Good luck!
2007-04-17 15:42:49 · answer #3 · answered by xkwizit1 1 · 0⤊ 0⤋
It's not criminal to leave a name off the birth certificate, in fact unless you were present when she filled it out she most likely could not legally put your name on.
When I had my two oldest children I was unmarried. Because my partner was not present, and I was unmarried the directions on the birth cert form instructed to put "unknown" even though I knew. The father must sign the birth certificate in a situation like this to protect his rights. As soon as your name is on the certificate you become legally/financially responsible for the child. The birth certificate can be amended to include your name following paternity testing or acknowledgment.
So, if you want your name on the cert and want to be active in his life you need to go to your district attorney's office and ask them what to do to get the ball rolling. I would be surprised if a paternity suit isn't already in progress (unless she put her new boyfriend's name on the cert).
Good luck.
2007-04-17 16:19:04 · answer #4 · answered by DJ 3 · 0⤊ 0⤋
IF you live in the U.S….
No, she can’t be brought up on charges. It’s not against the law to leave your boyfriend's name off the birth certificate (I assume you're not married since you didn't refer to her as your wife).
BUT you can petition the court to establish paternity and if a dna test determines you’re the father, the judge will order that the birth certificate be amended to add your name. Of course, you will then be responsible for paying child support. And you’ll also have the right to petition for custody (don’t expect to be awarded full custody unless you can prove Mom unfit) or visitation.
2007-04-17 15:41:45 · answer #5 · answered by kp 7 · 4⤊ 0⤋
Although it is expensive, you should get a lawyer and fight for a paternity test, the child is righfully yours and you should also be a part of his life. The first step is to contact a lawyer that you know is good, then you should tell that lawyer that you want a paternity test done. If she already knows you are the father, some charges could probably be held against her.
My prayers are with you.
I hope that helped and I hope everything works out. :)
2007-04-17 15:29:00 · answer #6 · answered by Summer 1 · 0⤊ 0⤋
When i had my 7 month old i didnt put er fathers name on certificate as he would have had to be there and sighn a paper claiming her. Now he can have DNA if he so chooses as well since he didn't beleive I was even pregnant. Go to your local child support office or to the county prosecutor's and check with them. As unless she is mighty rich she has a medical card on the child (in ky) then she will have to name names for the babys father hence DNA testing
2007-04-17 18:09:49 · answer #7 · answered by Fire 2 · 0⤊ 0⤋
Jay you sound sweet but in all honesty the only way you can be put on the birth certificate is if your married or if she put you on it, unless you go to court and have a DNA test done to prove child is yours. Then the judge will let you put your name on and order you to pay child support.
Congratulations on your new baby....
2007-04-17 15:28:48 · answer #8 · answered by loving U 3 · 0⤊ 0⤋
No but you can demand a paternity test and have yourself legally declared his father. Then you'd have to pay child support but you could be on his official records, and get visitation rights.
2007-04-17 15:26:50 · answer #9 · answered by Lisa E 6 · 3⤊ 0⤋
Yes, she could be fined but, first you need to an DNA test done because the judge would want to see that and you need to take her to court ASAP because the longer you go the better the changes are of her getting her way.
2007-04-17 15:31:45 · answer #10 · answered by Anonymous · 0⤊ 1⤋