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  1. #1
    b_anlsufan is offline Junior Member
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    Father not on birth certificate

    What is the name of your state (only U.S. law)? LA
    If my child doesn't have a father listed on the birth certificate does the father have any rights to my child?
  2. #2
    1confusedmom is offline Member
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    I am not sure in the state of La. However in Alabama, they would not allow me to put my son's father's name on the BC, b/c I was tech. married to my now EH. I of course did not want my EH's name on there. We had been seperated for more than a year. So on my son's BC, it reads under Father's info: MOTHER REFUSED

    When we went to court for my divorce, I had to have a DNA test proving that my EH was not the father and even though my son's father was not on the BC, he still had to pay child support and had visitation rights.

    But I did have a DNA test to prove he was the father. Which cost us $500 out of pocket.

    Of course we are married now and the custody papers are void.

    Hope this helps
  3. #3
    WittyUserName is offline Senior Member
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    No, if his name is not on the birth certificate then he is not the legal father and thuis has no rights as father.

    But be aware this is tricky; are you asking about having no father listed at all or another man who is not the father listed instead?

    In the first instance you should know that if the father initiates the process to establish paternity he has every right to do that and you will not be able to stop him. It could also signify later on to a judge that you were trying to keep a father away from a child that belongs to BOTH of you. And you'll also be giving up your child's right to financial support from both parents.

    In the second case - well, that is a HUGE can of worms potentially waiting to explode. Paternity fraud is not legal, obviously. You can't just play musical daddies at whim without courting big consequences.
  4. #4
    Blue Meanie is offline Senior Member
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    I am not sure in the state of La.
    Confused...If you are not sure about the law in the STATE IN QUESTION ...DON'T RESPOND!
  5. #5
    Ohiogal is offline Senior Member
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    No, if his name is not on the birth certificate then he is not the legal father and thuis has no rights as father.
    WRONG! It doesn't matter what the birth certificate says. It is possible that paternity is established without the birth certificate listing a father.

    But be aware this is tricky; are you asking about having no father listed at all or another man who is not the father listed instead?

    In the first instance you should know that if the father initiates the process to establish paternity he has every right to do that and you will not be able to stop him. It could also signify later on to a judge that you were trying to keep a father away from a child that belongs to BOTH of you. And you'll also be giving up your child's right to financial support from both parents.

    In the second case - well, that is a HUGE can of worms potentially waiting to explode. Paternity fraud is not legal, obviously. You can't just play musical daddies at whim without courting big consequences.
    True.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  6. #6
    1confusedmom is offline Member
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    Quote Originally Posted by baystategirl View Post
    Confused...If you are not sure about the law in the STATE IN QUESTION ...DON'T RESPOND!

    My intentions were not to give legal advice. I have already been reprimanded once for posting, so no need to treat me as a child. I was only trying to connect with other parents. Sorry maybe I am on the wrong site. I thought this one was for finding help. I wasn't aware that ONLY LEGAL PROFESSIONALS were to respond to posts. If thats the case fine, But there shouldn't be an option to reply unless you are a PROFESSIONAL ( 3 months or 1 year of internet surfing and reading posts, does a professional not make) and have a password to reply.

    Trust me I greatly appreciate the help that I am getting and will not be posting on any other threads.

    However, do you really need to comment about me on someone else's thread?
  7. #7
    Zigner is offline Senior Member
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    Quote Originally Posted by 1confusedmom View Post
    My intentions were not to give legal advice. I have already been reprimanded once for posting, so no need to treat me as a child. I was only trying to connect with other parents. Sorry maybe I am on the wrong site. I thought this one was for finding help. I wasn't aware that ONLY LEGAL PROFESSIONALS were to respond to posts. If thats the case fine, But there shouldn't be an option to reply unless you are a PROFESSIONAL ( 3 months or 1 year of internet surfing and reading posts, does a professional not make) and have a password to reply.

    Trust me I greatly appreciate the help that I am getting and will not be posting on any other threads.

    However, do you really need to comment about me on someone else's thread?
    Yes, I feel the family law attorney has the right to comment if you are giving "advice" on a "legal advice site" that is not accurate.
  8. #8
    Ohiogal is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    Yes, I feel the family law attorney has the right to comment if you are giving "advice" on a "legal advice site" that is not accurate.
    Psst, Bay yelled at her. I didn't. Bay not a family law attorney. I corrected Witty.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  9. #9
    LdiJ is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    WRONG! It doesn't matter what the birth certificate says. It is possible that paternity is established without the birth certificate listing a father.



    True.
    However about, for the OP's sake, we state it like this:

    If dad is not on the birth certificate, and did not sign and AOP at the hospital, and there have been no court proceedings to establish paternity, then dad is not currently the legal father, and therefore currently has no rights where the child is concerned.
  10. #10
    Ohiogal is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    However about, for the OP's sake, we state it like this:

    If dad is not on the birth certificate, and did not sign and AOP at the hospital, and there have been no court proceedings to establish paternity, then dad is not currently the legal father, and therefore currently has no rights where the child is concerned.
    Yeah what you said, Ms. Wordy You know I luv ya.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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