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  1. #1

    Default No Father Name on Birth Certificate/No Contact for 4 Years

    My question involves paternity law for the State of: Louisiana

    The day my child was born his father decided to express to me his dislike for the name I had chosen. Which included my last name since we were not married. He then told me he wanted nothing to do with me or my child and stormed out of the hospital room never to return. I made the decision to not put him on the birth certificate. There has been no contact at all since the first year and that contact was made was by me. I made a few phone calls only that first year and he clearly wasn't interested in having any type of relationship with his son. He has never made a call to me, sent a card, sent money, etc, etc, etc since that last phone call and there has been no physical contact since my child's day of birth. I am not even sure he has ever even held him.

    Recently someone tried to contact me from his family thru a social networking site. I immediately blocked that person, and I want to make sure he is in no way able to gain any sort of visitation, communication, custody....so I can sleep easy at night. Please let me know on this as soon as possible. Thanks in advance for your help.

  2. #2

    Default Re: No Father Name on Birth Certificate/No Contact for 4 Years

    Quote Quoting TexasLadyForever
    View Post
    My question involves paternity law for the State of: Louisiana

    The day my child was born his father decided to express to me his dislike for the name I had chosen. Which included my last name since we were not married. He then told me he wanted nothing to do with me or my child and stormed out of the hospital room never to return.
    Didn't talk about this stuff BEFORE the baby came?????

    I made the decision to not put him on the birth certificate.
    Not up to you. Since you weren't married to him, only HE could put himself on the birth certificate. If he didn't put himself there willingly, no action on your part short of a court's order would have put it there against his will.

    There has been no contact at all since the first year and that contact was made was by me. I made a few phone calls only that first year and he clearly wasn't interested in having any type of relationship with his son. He has never made a call to me, sent a card, sent money, etc, etc, etc since that last phone call and there has been no physical contact since my child's day of birth. I am not even sure he has ever even held him.
    Very sorry for your son that his father has treated him this level of disregard.

    Recently someone tried to contact me from his family thru a social networking site. I immediately blocked that person, and I want to make sure he is in no way able to gain any sort of visitation, communication, custody....so I can sleep easy at night.
    The only real way to make sure a parent doesn't have a shot at access to their child is to make the child with someone else.

    Some state have restrictions, but I find nothing in LA statutes that would prevent him from seeking paternity testing and requesting visitation due to a time bar. If he files a paternity suit, and IS the father, you should brace yourself - because courts, no matter HOW out of the picture a father has been, WANT children to have TWO parents, and are usually willing to bend over backwards to allow absent parents to try to turn things around and establish relationships with their children. Depending on the age of the child, it usually starts with supervised visitation, then gradually moves to unsupervised visits, overnights, weekends, weeks during summer vacation, alternating birthdays and holidays, etc. In other words, if he's the father, and WANTS to fix his past mistake, the court is likely to encourage this unless there is some clear reason why this wouldn't be in the child's long term best interests (such as if he has a long criminal history, history of abuse or crimes against children, etc.). But until and unless he actually BRINGS such a suit (or the state brings one on behalf of the child), he'll remain a legal stranger to the child, and you have no obligation to communicate with him or allow him visitation.

  3. #3

    Default Re: No Father Name on Birth Certificate/No Contact for 4 Years

    Didn't talk about this stuff BEFORE the baby came?????

    He had made several moves / statements in the last few weeks that lead me to believe there might be some turmoil/abandonment after the birth. I wasn't 100% sure, but was thinking about using my last name for my child. It was confirmed when he didn't show up for the birth, and chose to go out to eat with co-workers instead. His mother got there first and asked the name. I told her and she spread the word. He got to the hospital and was furious. Said his "I want nothing to do with you or that kid" and left. I had an order put out to remove me from the hospital directory and to another room because I was worried what he might do. His family has a history of interfering with the children. His sister was pregnant years before I was. She was 16 and her and her boyfriend at the time decided to put the child up for adoption. However it happened the parents intervened and forced them to keep the child because they were minors. The child spent the majority of the time at both grandparents, and was hardly ever at home with his parents.

    Not up to you. Since you weren't married to him, only HE could put himself on the birth certificate. If he didn't put himself there willingly, no action on your part short of a court's order would have put it there against his will.

    Good to know. So this could possibly be proof that he wanted nothing to do with him?

    The only real way to make sure a parent doesn't have a shot at access to their child is to make the child with someone else.

    What does this mean? The only way to make him stay away for sure is to have not had a baby with him?

    Some state have restrictions, but I find nothing in LA statutes that would prevent him from seeking paternity testing and requesting visitation due to a time bar. If he files a paternity suit, and IS the father, you should brace yourself - because courts, no matter HOW out of the picture a father has been, WANT children to have TWO parents, and are usually willing to bend over backwards to allow absent parents to try to turn things around and establish relationships with their children. Depending on the age of the child, it usually starts with supervised visitation, then gradually moves to unsupervised visits, overnights, weekends, weeks during summer vacation, alternating birthdays and holidays, etc. In other words, if he's the father, and WANTS to fix his past mistake, the court is likely to encourage this unless there is some clear reason why this wouldn't be in the child's long term best interests (such as if he has a long criminal history, history of abuse or crimes against children, etc.). But until and unless he actually BRINGS such a suit (or the state brings one on behalf of the child), he'll remain a legal stranger to the child, and you have no obligation to communicate with him or allow him visitation.

    I will pray I don't see the day.....

  4. #4
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    Default Re: No Father Name on Birth Certificate/No Contact for 4 Years

    Quote Quoting TexasLadyForever
    View Post
    Didn't talk about this stuff BEFORE the baby came?????

    He had made several moves / statements in the last few weeks that lead me to believe there might be some turmoil/abandonment after the birth. I wasn't 100% sure, but was thinking about using my last name for my child. It was confirmed when he didn't show up for the birth, and chose to go out to eat with co-workers instead. His mother got there first and asked the name. I told her and she spread the word. He got to the hospital and was furious. Said his "I want nothing to do with you or that kid" and left. I had an order put out to remove me from the hospital directory and to another room because I was worried what he might do. His family has a history of interfering with the children. His sister was pregnant years before I was. She was 16 and her and her boyfriend at the time decided to put the child up for adoption. However it happened the parents intervened and forced them to keep the child because they were minors. The child spent the majority of the time at both grandparents, and was hardly ever at home with his parents.

    Not up to you. Since you weren't married to him, only HE could put himself on the birth certificate. If he didn't put himself there willingly, no action on your part short of a court's order would have put it there against his will.

    Good to know. So this could possibly be proof that he wanted nothing to do with him?

    Proof, sure - but you can't do anything WITH that proof.

    He will not be penalized for it.


    The only real way to make sure a parent doesn't have a shot at access to their child is to make the child with someone else.

    What does this mean? The only way to make him stay away for sure is to have not had a baby with him?

    In a nutshell, yes.

    Some state have restrictions, but I find nothing in LA statutes that
    would prevent him from seeking paternity testing and requesting visitation due to a time bar. If he files a paternity suit, and IS the father, you should brace yourself - because courts, no matter HOW out of the picture a father has been, WANT children to have TWO parents, and are usually willing to bend over backwards to allow absent parents to try to turn things around and establish relationships with their children. Depending on the age of the child, it usually starts with supervised visitation, then gradually moves to unsupervised visits, overnights, weekends, weeks during summer vacation, alternating birthdays and holidays, etc. In other words, if he's the father, and WANTS to fix his past mistake, the court is likely to encourage this unless there is some clear reason why this wouldn't be in the child's long term best interests (such as if he has a long criminal history, history of abuse or crimes against children, etc.). But until and unless he actually BRINGS such a suit (or the state brings one on behalf of the child), he'll remain a legal stranger to the child, and you have no obligation to communicate with him or allow him visitation.


    I will pray I don't see the day.....

    Why don't you want your child to know his/her father? Remember this is not about what you want.

  5. #5

    Default Re: No Father Name on Birth Certificate/No Contact for 4 Years

    Why don't you want your child to know his/her father? Remember this is not about what you want.

    Dogmatique, I did want him to know and have a relationship with his father. I attempted time and time again the first year my son was born. After constant "NO! I want nothing to do with him!" responses, I gave up. At this point we are 5 years down the road and he has still not attempted to communicate with his child. I don't feel that interjecting a person my son has not known and a person who hasn't wanted him from the start would benefit him at all... especially at the age of 5. My child is loved by me, my parents, my siblings....my entire family loves him to the ends of the earth. I know at the end of the day I could force his father to be a part of his life, but that doesn't seem like the right choice.

  6. #6
    Join Date
    Apr 2009
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    Default Re: No Father Name on Birth Certificate/No Contact for 4 Years

    Well, the bottom line is that if Dad wants to eventually file for visitation he'll likely get it.

    As aardvarc said, it would likely be a graduated visitation schedule at first, eventually leading up to longer periods, overnights, weekends and full weeks during the summer.

    Sorry, but that's the reality of the situation. LA has no SOL in establishing paternity when there is no presumed father, so Dad has up until your son's 18th birthday (and sometimes longer) to do so.

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