What rights does my baby father will have if he signs the birth certificate? - Child Custody Law Questions and Answers- LawQA.com

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What rights does my baby father will have if he signs the birth certificate?

I don't want him to have any rights if he sign the birth certificate. He is an unfit father. He did not get his diploma nor GED, he do not work, and he smoke drugs. Will he have the right to get her whenever he wants to if he sign the birth certificate?

Answer By Cathy R. Cook
The Law Office of Cathy R. Cook
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Signing the birth certificate doesn't give him automatic rights. He has to file in court to obtain any parenting time or custodial rights, and you can challenge those if he does.

Answer Applies to: Ohio
Replied: 11/11/2012

Answer By Melvin Franke

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You must meet with an experienced paternity/custody attorney.

Answer Applies to: Missouri
Replied: 11/9/2012

Answer By Dennis P. Mikko

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Regardless of whether he signs the birth certificate, he is the father of the child. He could file a paternity suit to have custody, parenting time and child support determined. If you believe he is unfit, you will have to defend against any claim he may make in court. If the two of you cannot agree as to custody, parenting time and child support, a court will make the decision for you.

Answer Applies to: Michigan
Replied: 11/8/2012

Answer By John Russo

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But you still decided that he was good enough to father your child, and also I am sure he will be good for you to accept child support from, I have news for you signing or not signing does not change the fact that he is the natural father, and based on your English here, I would be very careful about attacking anyone on their educational background.

Answer Applies to: Rhode Island
Replied: 11/7/2012

Answer By John J. Carney
The Law Offices of John J. Carney Esq.
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If he was a lazy, uneducated, irresponsible drug user you should not have dated him, let alone had a child with him. You should get a paternity test and see if he is the father. Then you can get a support order just in case he hits the lottery. You can just do nothing and hope he does not want visitation, which is usually the case. It does not matter whose name is on the birth certificate, he either has a visitation and support order or he does not. I am not blaming you , I am letting you know the truth, which can be harsh at times and not necessarily what you want to hear. It is likely that he will not be a suitable father or ever pay child support, so it will be better to find an educated, kind, sophisticated, loyal, hard working husband that will love you and treat you with the respect that you deserve.

Answer Applies to: New York
Replied: 11/7/2012

Answer By John Kirchner
John E. Kirchner, Attorney at Law
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Simply being identified as the father on the birth certificate does not create any rights other than to go to court and have specific rights determined. By allowing himself to be listed as the father, he essentially waives the right to have paternity proved and that is enough to establish court ordered child support. If he wants to be involved as a parent, he needs to go to court and ask for a parenting plan that a judge will adopt based on what is best for the child. Your opinion, by itself, won't be enough to prevent him from obtaining specific rights if seriously wants to be an involved father.

Answer Applies to: Colorado
Replied: 11/7/2012


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If he is a parent he is a parent. The Court can figure out what is in the best interest of you baby - not you, or the father unless both of you can agree.

Answer Applies to: California
Replied: 11/7/2012

Grace Law Offices of John F Geraghty Jr.
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If he is her biological father he will have those rights regardless of the BC as he can prove it by DNA if necessary and of course he will have rights to see her.

Answer Applies to: Georgia
Replied: 11/7/2012

Langford Law Firm
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He will not NOT be your child's father just become it appears he is a bum. As the child's father, he will have the rights of any other parent. In Texas, paternity is established, and both parents rights and responsibilities are spelled out in a court order following the filing of a Petition in Suit Affecting Parent-Child Relationship. Your attorney will be able to explain the process to you, and what to expect from the court and the hearings. Good luck.

Answer Applies to: Texas
Replied: 11/7/2012


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If he signs the birth certificate, he will be able to ask for time with the child and pay support by filing the appropriate petitions with the court. No parenting plan involves his having the child any time he wants. Parenting plans set forth the exact time a child spends with each parent. If he doesn't sign the birth certificate, but you get public benefits for the child (welfare, medical etc.) the State will bring an action, require a DNA test and bring an action.

Answer Applies to: Washington
Replied: 11/7/2012

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