[needlawca]

Hi,

No paternity test was taken, or a declaration of paternity signed, but we went to court and have a custody court order in place. Now he is asking for his name on a birth certificate, and I'm wondering if the dad is really the dad. Before he is on the certificate, I want to be sure he is the father. Can I ask the court to establish paternity? Or has the court order/hearing etc by default done that? Please explain if custody orders = establishment of paternity.

Thanks.

[aaron]

You chose not to disclose your state. Laws vary by state.

Normally the court would have to resolve the question of paternity before a custody order could issue. That can occur if both parties stipulate that the putative father is in fact the father. Your rights vary by state.