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Can a father who isn't on a child's birth certificate take them from the birth mother?
Wiki User
∙ 12y ago
United States
First let's clear the question of legal authority: a father cannot "take" children from their mother. Laws that allowed that degree of authority by a man over a woman have been off the books since at least the nineteenth century.
You have not mentioned marital status, whether the father's paternity has been established legally or if there are any existing court orders. It will be assumed the parents are not married. The presence or absence of a name on a birth certificate is not a deciding factor since paternity can be established by a DNA test irrespective of the information, or lack thereof, on a birth certificate.
An unmarried father has no right to keep the child from her mother unless there is a court order to that effect. He has no personal legal authority to keep the child. In the absence of any order, if he takes the child and fails to return the child to the mother she should call the police.
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent.
If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
Wiki User
∙ 12y ago
Wiki User
∙ 12y agoYes, if the parents are not married, there has been no determination of paternity and no court orders regarding custody have been issued.
Yes, if the parents are not married, there has been no determination of paternity and no court orders regarding custody have been issued.
Yes, if the parents are not married, there has been no determination of paternity and no court orders regarding custody have been issued.
Yes, if the parents are not married, there has been no determination of paternity and no court orders regarding custody have been issued.
Wiki User
∙ 12y agoYes, if the parents are not married, there has been no determination of paternity and no court orders regarding custody have been issued.
Wiki User
∙ 14y agono
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How does a father find out if he is on the birth certificate?
Go to vital records and request a copy of birth records. Ask to see Childs school file with birth record in it. If you are not on the birth certificate, you cannot request a copy.
Can a mother get in trouble for writing the father name on the birth certificate?
yes she can
Can a mother sign the birth certificate without the father being present in Texas?
The mother can sign her name, not the father's name.
Does the father's name have to be on the birth certificate for the mother to collect child support?
The father can file for this change.
Does a pennsylvania birth certificate have the name of the mother and father on the front or back?
back
Who has right a child if the mother and father both sign the birth certificate?
It depends on the state. In some states, a father who is unmarried to the mother acquires legal rights by signing the birth certificate. In other states, signing the birth certificate conveys no legal right, and the father still must proceed with a legitimation or paternity proceeding in order to become the legal father.
Can bio-mother add step father to birth certificate without notifying biological father and step father not adopted child?
no, changing the birth certificate requires adoption, and can only be done if the birth father's parental rights have been terminated.
Does a 16 yr old mother have to put the father's name on the birth certificate in TN if they are no longer together. Do you just leave the question blank on the birth certificate?
The father's name goes on the birth certificate only if he signs an acknowledgment of paternity.
Can an unwed father sign a birth certificate if the mother was married when the child is born?
Yes, if he is the one who fathered the child. Father's do not typically sign the birth certificate though, although he can be named on it.
Can the mother name anyone she wants as the birth father on the birth certificate?
Here in the Philippines, a mother can not just name any person as the father of her child in the Birth Certificate. They will look for a marriage contract as their reference when you named your child under his/her father's surname. Or if not married, they let the father fill up the Affidavit of Acknowledgement/Admission of Paternity at the back of the Birth Certificate.
Does a father have rights when signing a birth certificate while the mother committed bigamy?
Yes - the man signing the birth certificate is the child's legal father unless/until established otherwise in court.
Does a father have to pay child support when the mother refuses to list him as father on the birth certificate?
Not really. It depends on the situation.
