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Father not on birth certificate

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b_anlsufan

Junior Member
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?
 


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
 

WittyUserName

Senior Member
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.
 

Ohiogal

Queen Bee
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.
 
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?
 

Zigner

Senior Member, Non-Attorney
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.
 

Ohiogal

Queen Bee
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.
 

LdiJ

Senior Member
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.
 

Ohiogal

Queen Bee
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 ;):D You know I luv ya.
 

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