Can he Still file for custody?

Question

I am pregnant, and I don't want my babies father to be on the birth certificate.

He is very abusive and i don't want him to have nothing to do with his baby.

He is threatening me with custody.

But if i dont put him on the birth certificate, will he still be able to file for custody if the birth certificate doesn't have any fathers name?

If he does want a paternity test done, how will he be able to get one if I don't approve of it. He can't just up and take my baby and get blood test done. He has to have my approval doesn't he?

I live in California. I didn't know they can have ur kids be a blood experiment for any guy who thinks that they may be the father of someones kid.

I don't want any of his money or anything. Its not like im tryn to get him for child support. I can care less.

How can he claim for custody for a kid, if he isn't on the birth certificate?

Can't I just say I don't know who the father is?

Answer 1

Get a custody order NOW. If there is not a custody order he can do anything. He can take off with the baby and the police won't be able to do anything because he is the baby's father and there is no custody/visitation order in place. You can get custody of your baby before the baby is born. Until you get one do not leave your baby with anyone or anywhere you know he may have access to. We've been thrugh a long drawn out custody battle and have spoken with several attorneys. ;)

All he has to do is claim paternity. Even if he is not on the BC. My daughters father isn't on hers yet he claimed paternity. He can up and leave with her anytime he wants. He won't so i'm not worried.

I am in California too and this is how the courts explained it to me.

Chances are is the father is just calling your bluff anyway and he wouldn't take the baby. He probably thinks you want his money for support and doesnt want to give you the money. He may also be scared. I doubt you have much to worry about. Just cover all areas and get a temp order at the very least. ;)

Answer 2

The father's name on the birth certificate (or lack thereof) means exactly zilch. Paternal rights and responsibilities are based on DNA evidence. And if your child's father wants to have a DNA test done, he doesn't need your approval. He will simply petition the court for a determination of paternity, and you will be court ordered to allow a DNA test to go ahead. Once he has been established as the bio dad of the child, he will be obligated to pay child support. He will also be entitled to ask for joint custody and/or visitation. If you don't like any of this, you should have been a bit smarter when choosing who to breed with.

Answer 3

if you are not married he doesn't currently have to be on the birth certificate. If he seeks custody, which he has right to do, a paternity test will be done and through child support he will be put in the system as the father of the baby. Then he has all legal rights to see his baby. He cannot take the baby from you unless he proves that you are an unfit mother. He does have the ability to seek custody once it has gone through the court system

Answer 4

I sure hope that there is some record of him being abusive, or possibly a restraining order entered with his name on it. You need to be able to prove that this man is not safe to be around your child, or if he is the father, you will have to allow him visitation at the very least.

You do not have to put his name on the birth certificate if you are not married. However, if he files a petition with the court, the court will ORDER you to surrender the child for DNA analysis, whether you like it or not.

My guess is, if he's the kind of piece of crap that you claim he his, he is only trying to scare you into keeping him around. He won't shell out the $500-1000 it would cost him for DNA testing, not to mention lawyer and court fees.

I would still contact a lawyer and get a head start on keeping him from getting any custody.

Answer 5

he can do whatever he wants.......but I know this from experience.....The court DOES NOT take a child away from its mother unless he proves u to be unfit. You would have to be a crack addict, alcoholic, extremely abusive, etc......Now if u can prove he his abusive to u, Then the courts might give him supervised visitation or none at all. You need to start documenting everything right now. Also keep in mind, He can have a paternity test done, even if his name is not on the birth certificate. He would have to come out of his pocket to pay for it, that's even if he went that far.

Answer 6

yes he can file for custody if he is not on the bc..additionally he does not need your permission to have a blood test done to establish paternity as the court will order you to get one done and you will have to regardless of how you feel about it..IF you lie and say you do not know who the father is it will make no difference all he has to do is file those papers and then it will all be out of your hands and up to the court

Answer 7

If he's the father, then he's the father. Kind of puts it into perspective why you shouldn't sleep with every guy you meet.