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  1. #1
    Join Date
    Oct 2010
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    1

    Default What Rights Does Father Have if Not on Birth Certificate

    My question involves a child custody case from the State of: California
    I just had a baby. We were unable to put his Father's name on birth certificate as we are both still technically married. He has decided to return to his wife. While I want him to be a part of my baby's life I do not want my baby around his wife as she is not mentally stable. I have offered to have him visit him but have not allowed him to take him away from my house. What rights does he have being that technically paternity hasn't been established? What are my chances if I want to have supervised visitations...for now at my house since baby is only 2 wks old and maybe down the line at his parents, but never at his home with his wife?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    15,931

    Default Re: What Rights Does Father Have if Not on Birth Certificate

    What rights does he have being that technically paternity hasn't been established?
    Until paternity is legally established, he has no rights at all.

    What are my chances if I want to have supervised visitations...for now at my house since baby is only 2 wks old and maybe down the line at his parents, but never at his home with his wife?
    Zero.
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  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,474

    Default Re: What Rights Does Father Have if Not on Birth Certificate

    At the moment your husband is the baby's father.


    Period.

    Paternity will need to be disestablished (by your husband) and established (by the father) before Dad can file to establish any kind of custody and paternity.

    Unless you can prove that his wife is a danger you will likely not get supervised visitation.
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