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What Rights Does the Father Have

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  • 01-25-2013, 04:45 PM
    cestahl5
    What Rights Does the Father Have
    My question involves a child custody case from the State of: california

    when i had my son 3 years ago i deciede to not put the father on the birth certifcate because we lived in different states and he wasnt around for my pregnancy and he was here for the birth but while i was in labor he was off with friends instead of being with me at the hospital and when it was time for my son to be born he finally showed up but almost missed it so i deciede to not put him on the birth certifcate. he had left the day after too go back to texas where he lived. he wants me to travel to him with my now 3 year old son to visit him and i said i have no problem with him seeing his son if he came here. cuz its a lot easier for him to travel by himself then me taking my toddler on an airplane to texas. and i in the wrong for not taking my son there to texas. and now he is threating me saying i will pay for my actions by not putting him on the birth certifcate and by not taking him down there to see his dad. what rights does he have could i get i trouble for not ptting on the birth certifcate and by not traveling to him so he could see my son.
  • 01-25-2013, 05:09 PM
    Lehk
    Re: What Rights Does the Father Have
    absent a court order you are not required to do any of that.

    keep in mind the court WILL look at how reasonable each parent has behaved.

    he went 3 years now suddenly wants YOU to pay for plane tickets so he can see the son he hasn't supported at all?

    I would suggest allowing him to be put on the birth certificate without a fight, a birth certificate is a vital record not a public soap box and it's important that records be accurate and complete.

    Doing so will also make filing for child support easier.
  • 01-25-2013, 05:18 PM
    EA1070a
    Re: What Rights Does the Father Have
    If you weren't married when your son was born, he has no rights. None. Zippo. He's a legal stranger to the child.

    There are two ways to establish parentage in California - he can sign an acknowledgement of paternity or you can go through the courts - establishment of paternity through a DNA test.

    Parentage has to be established before you can file for and obtain an order for child support. In return, you can expect that he will file for visitation rights.
  • 01-25-2013, 05:43 PM
    cestahl5
    Re: What Rights Does the Father Have
    So since we were never married and his father already doesn't have rights. And he hasn't try to establish paternity yet could I just raise him on my own and just wait for the father to go thur the courts to establish paternity
  • 01-25-2013, 06:12 PM
    aardvarc
    Re: What Rights Does the Father Have
    Yep. Since dad didn't put HIMSELF on the birth certificate, legally he doesn't even exist, as far as the child is concerned. If dad wants rights, he'll need to go to court to get an enforceable order. Until he does so, you have no legal obligation to make the child available to him. Any access that you wish to grant him, you have the ability to grant, but you are under NO legal obligation to do so.
  • 01-25-2013, 06:34 PM
    Dogmatique
    Re: What Rights Does the Father Have
    Check OP's other thread.....
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