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Submitted 353 days ago...

moesmama

moesmama

New User (1)

What rights does a father have?

I have a child with a man that I am not married to. He had no interested in our child throughout the entire pregnancy. My son is now two weeks old, his father has now decided that he wants to be a part of my sons life. Does he have any rights to my son? His name is not on the birth certificate and there was no Paternity Acknowledgement filled out. I feel that it is in my sons best interest not to be around his father? If his father decided to go to court, would I have any ground to stand on?

 
 
 
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Answer 1 / 3

Submitted 352 days ago...

jess

jess

Beginner (29)

I believe if the father wished to persue any legal right he may or may not have, the court would order a paternity test to prove that he is infact the father. Unless you can prove that he would be an unfit father, there is really nothing you can do at this point. Why do you feel that the child wouldn't benifit from his involvement in his life?

 

Answer 2 / 3

Submitted 352 days ago...

primetime001

primetime001

Expert (962)

I agree with jess, the father probably will eventually obtain rights.

If he has a history of abuse you could prevent involvement, otherwise courts will probably allow him some parenting time.

 

Answer 3 / 3

Submitted 352 days ago...

mma_mom

mma_mom

Expert (983)

Jess is right that more than likely there will have to be a paternity test. Basically think of how it would go if you wanted to make him pay child support - should be about the same. Laws vary by state on custody issues. From personal experiance in my state, you probably have full legal custody at this time (since his name is not on the birth certificate), but if there is a paternity test done he will have rights to custody (visitation, ect.), but he will have to pay you child support. So if he does pursue the matter legally going after child support may get him to back off.

 

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jess

jess

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