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What rights does my sons father have? We were NEVER married, but he was at the hospital and signed the birth certificate.

have recently married a man in the Navy and have moved out of state, the father has just informed me that he has obtained a copy of our son's birth certificate and will be contacting child services. The paternity of my son was never proven in court. The father doesn't pay me any child support. My son was born in Tn and I have moved to Va. Can he take my child away from me? My son is only four.

Answer Question
 
Anonymous

Asked by Anonymous at 6:38 PM on Aug. 27, 2010 in General Parenting

Answers (9)
  • he signed it make him pay child support
    queen.bee

    Answer by queen.bee at 6:39 PM on Aug. 27, 2010

  • he has rights
    queen.bee

    Answer by queen.bee at 6:39 PM on Aug. 27, 2010

  • if he signed the birth certificate, that was both you and him signing a legal document stating the he was the father. He has all the general paternal rights by law. If he signed the birth certificate, that is admitting paternity, no DNA test required to determine it.

    yes he can attempt to get custody although that would be sill if he's not been in his life nor paying child support. And since you already moved out of state, that will complicate his case even more. He'll end up most likely just paying child support with court ordered visitation schedule where you'll have to meet half way or one of you drive him there, one brings him back.
    DarkFaery131

    Answer by DarkFaery131 at 6:42 PM on Aug. 27, 2010

  • He has the right to your child and if it is his son and you leave without informing him its kidnapping married or not. Its your child but its his too. If you think he isn't the father and they do a paternity test and it comes back that he isn't nothing will happen.
    Anonymous

    Answer by Anonymous at 6:42 PM on Aug. 27, 2010

  • *would be silly (darn sticking keyboard)
    DarkFaery131

    Answer by DarkFaery131 at 6:42 PM on Aug. 27, 2010

  • If there is no custody order in place by a court, don't worry you did not "kidnap" your child when you moved. Mothers have full custody until a court states otherwise.
    DarkFaery131

    Answer by DarkFaery131 at 6:43 PM on Aug. 27, 2010

  • The child is as much the father's child as he is yours. You may have left the state illegally with your son. My son was born in IN and even though my son's father never saw him I couldn't leave the state with my son. If I left the state with him it would have been kidnapping. In order to move from the state when my son was 19 he had to be emancipated. He wouldn't have been able to leave the state until he was 21, not for trips or anything.


    The father could be awarded custody in TN. You may have to choose between your child and your husband. I hope it isn't so and that a judge doesn't put you in that situation. You should have talked to a lawyer or the office that has to do with custody and visitation before moving.

    Gailll

    Answer by Gailll at 6:47 PM on Aug. 27, 2010

  • Being the father that is signed on the birth certificate he has full paternal rights. Since he is the signed father on the birth certificate, paternity does not have to be proven in court, unless you or him want it proven in order to take his name off the birth certificate. Signing off as father on the Birth certificate is legal qualifier as paternity.

    If you do not want him to have those rights. you need to take him to court.
    If he is not paying child support and you want him to. You need to take him to court.
    If visitation needs to be settled.. you need to go to court.
    If custody needs to be settled. You need to go to court..

    Pretty much anything in this realm is better off settled in court.
    pixie_trix

    Answer by pixie_trix at 6:49 PM on Aug. 27, 2010

  • You need to go to court and get custody because he can go to court and get custody, then you'll have to give your son to his father.
    matthewscandi

    Answer by matthewscandi at 7:18 PM on Aug. 27, 2010

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