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2 Bumps

Rights to a child

heres the situation: the father was not put on the birth certificate when a child was born, and now you go for child support (the child is 3) and a dna will be done, once he is proven to be the father and starts to pay child support, will he have rights to the child? even if he is still not on the birth certificate?

Answer Question
 
emmalouwho

Asked by emmalouwho at 1:42 PM on Mar. 5, 2011 in General Parenting

Level 15 (1,902 Credits)
Answers (13)
  • If he is proven to be the father he will have to sue separately for visitation rights.
    CraftingMama

    Answer by CraftingMama at 1:43 PM on Mar. 5, 2011

  • It depends on where you live I think.  Every state is different.  In Indiana if you go to the child support website it tells you that if the father pays child support through the court he has visitation rights unless specifically stated otherwise.

    MrsHouston47302

    Answer by MrsHouston47302 at 1:44 PM on Mar. 5, 2011

  • yes. dna test prove he is the father and he gets full parental rights. at that time he will be set up with support payments and if he wants custody or visitation rights.
    laura970

    Answer by laura970 at 1:44 PM on Mar. 5, 2011

  • of course he will have to go to court for custody and visitation rights
    laura970

    Answer by laura970 at 1:46 PM on Mar. 5, 2011

  • I believe that once a DNA test is done, and paternity is established, the father's name is required to be placed on the birth certificate (at least in Wisconsin). I know for sure (in Wisconsin), once a name is placed on the birth certificate, they are entitled to there paternal rights; unless, the father signs off of the rights of the child (which can be hard to get). In Wisconsin, these are the general rules, however; in court, the judge may rule differently based on the best interest of the child. If you have more questions, you can normally contact an attorney for an initial consultation free of charge.
    degnermom

    Answer by degnermom at 1:47 PM on Mar. 5, 2011

  • in florida, if he is proved to be the father by DNA he is only entitled to pay child support. he has to go to court for scheduled vistation/custody, it does not go hand in hand with child support or with being on the birth certificate. he can add his name to the BC if he wants to pay the money to do so. my ex never did & never took me to court for visitation either, but he does pay CS monthly.
    tnm786

    Answer by tnm786 at 1:54 PM on Mar. 5, 2011

  • this is all happening in georgia. the father left the mother when the child was about 5 months old, and has done nothing to show that he wants to be the babies life. when paternity is proven, i'm almost positive just to spite the mother he will go for custody. how likely is it that he would be able to get custody, or even visitation seeing as how he left a couple years ago and got married to another woman?
    emmalouwho

    Comment by emmalouwho (original poster) at 1:56 PM on Mar. 5, 2011

  • custody, highly unlikely. visitation, very probable. it may even be supervised at first depending on the age of the child.
    tnm786

    Answer by tnm786 at 1:59 PM on Mar. 5, 2011

  • If he is proven to be the father he will be able to take her to court to get visitation if he wishes. It's not likely he'll get full custody but he will probably get visitation.

    skittles1108

    Answer by skittles1108 at 2:01 PM on Mar. 5, 2011

  • the child is 3. is there anyway the mother could ask for supervised visitations at first (or for a while)? the father is very much into video games, and the wife has something against the baby because it's not hers. i'm scared that the baby won't be very well taken care of when under his supervision.
    emmalouwho

    Comment by emmalouwho (original poster) at 2:04 PM on Mar. 5, 2011

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