Fathers name not on birth certificate

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Latest post Fri, Nov 28 2008 11:13 PM by LynnM. 4 replies.
  • Fri, Nov 28 2008 9:32 AM

    Question [=?] Fathers name not on birth certificate

    If a woman does not put the father on the birth certificate she has full custody unless the father files a paternity suit. So it is best that if the mother does not want the father around and he does not know about the child and the name is not on the birth certificate, he can't file a paternity suit.

    Is this the best way to avoid a child custody case in family court?
  • Fri, Nov 28 2008 12:42 PM In reply to

    re: Fathers name not on birth certificate

    Well, obviously one cannot sue for the custody of a child he doesn't know exists.

    But there may come a day you/whoever needs child support...

    ...and a child deserves that support as well as knowing who his father is. State aid will actively look for the father rather than paying a child's support and "I don't know who he is" won't be acceptable for aid.

    The truth usually comes out eventually, so be aware. How will you answer when your child blames you for keeping it from it's father? "He's a druggie", etc, won't cut it when your child demands to know his father and regrets a childhood without him.

    There are many future issues that will come up you must be prepared to deal with. Although leaving him off the BC seems like a great idea now, these things tend to snowball out of control later.

  • Fri, Nov 28 2008 1:13 PM In reply to

    • OhioCP
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    re: Fathers name not on birth certificate

    "If a woman does not put the father on the birth certificate she has full custody unless the father files a paternity suit."

    Actually in order to obtain custody, dad would need to file a custody suit, which would also involve establishing paternity, assuming mom and dad aren't married (or weren't near the time of conception).

    "So it is best that if the mother does not want the father around and he does not know about the child and the name is not on the birth certificate, he can't file a paternity suit."

    If dad somehow finds out about the pregnancy/child, or has registered on the state's putative father registry, dad may still retain his parently rights to the child (such as being able to seek visitation, custody, etc.). Simply omitting him from the birth certificate does not guarantee that there won't be a custody battle in the future.
  • Fri, Nov 28 2008 5:58 PM In reply to

    • Ford
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    Sad [:(] No possible way to stop him from filing . . .

    "it is best that if the mother does not want the father around"

    Then she shouldn't have sex with him in the first place.

    "and he does not know about the child and the name is not on the birth certificate, he can't file a paternity suit."

    If he doesn't KNOW about the child, he won't be filing anything.

    If he pays attention to the women he's slept with to make sure nobody ends up giving birth 9-10 months later, then he's going to have some idea that he might be a father.
  • Fri, Nov 28 2008 11:13 PM In reply to

    • LynnM
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    Angry [:@] re: Fathers name not on birth certificate

    He does not need to be on the birth certificate to ask a court to order a paternity test and then request custody from the mother who has made it clear she intends to interfere with his relationship with his child.
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