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In the US, 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.

In the UK the father has no rights if the fathers name is on the birth certificate or not. The father has to "exercise" his rights in a court of law either way.

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13y ago
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11y ago

If he can prove he's the father then he as a lot of rights. He doesn't have to sign the certificate.

If the parents are unmarried he must establish his paternity legally, in court, and request custody or visitation rights. At that time the court can also issue a child support order.

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14y ago

Believe it or not, MANY states consider the husband of the woman who gave birth to be the legally and financially responsible father of the child she bore, regardless of whether his name appears on the birth certificate, or not.

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13y ago

Paternity must be established before any discussion of the father's rights. Once that is done, the father has the right to pay child support and related expenses, and to petition for visitation.

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12y ago
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15y ago

Probably... But the actual rights must be determined by a court pending a paternity test.

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11y ago

He would have to go to court to establish rights.

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Q: Does father have rights if his name is not on birthcertificate?
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Related questions

What happens when a mother does not name the father on the birthcertificate when the child is born and the man she is with is told that he is the father of this child... Then 5 years later he is told?

the man she was living with was NOT the biological father, but he was under the assumption that he was and was supporting and raising the child as his own. what rights does he have


Girlfriend told me I was the father of her daughter She put another guys name on the birthcertificate so I wouldn' have any rights I want to know if the child is mine?

The only thing you can do is get a DNA test. That will show you for sure if she is your daughter. About your rights, if she is your daughter, you have to contact a lawyer.


Does a Filipino citizen child has the right to get child support to his American citizen father who is not a legal paren on the birthcertificate?

no


Can i get my farther name on the birthcertificate?

I believe that you will have to have a paternity test and there is paper work that has to be done.


Can a mother ask for child support from a father who is not on the birthcertificate?

Take legal advice. Paternity has to be proved not assumed, first.


Does a father who name is on the birth certificate have the same rights as the mother if they do not live together?

A father has parental rights regardless of marital status most states.


Father not on birthcertifcat and mom marries and child has mothers maiden name what happens?

The father can file for paternity rights.


Does President Obama have a Birthcertificate?

yes he was born in Hawaii


Does the father lose his rights if the mother changes the kids last name to hers?

absolutely not


The child has the mothers name the father is listed on the birth cerificate does the father have parental rights?

In the U.S., yes, unless proven otherwise.


My husband is not my daughters biological father yet his name is on her birth cert and we are now getting divorced What rights does he have to my daughter?

He would have all of the rights that a biological father has. If he was not the biological father, then his name should not have been put on the birth certificate in the first place, unless he adopted her and the birth certificate was changed.


Do fathers have rights if baby's last name is different?

If the DNA of the father matches the baby, they have rights and responsiblities whether they have the same last name or not. The court system will agree with this also.