Can the father of a child file for custody if he is not on the birth certificate? 21 Answers as of March 06, 2013

Can the father of a child file for custody if he is not on the birth certificate? Or do I need to go ahead and file?

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
He can file a paternity action and seek legal custody and/or periods of placement. If he does not, you might want to do so, so you can collect child support.
Answer Applies to: Wisconsin
Replied: 3/6/2013
Law Office of Susan L. Ray, PA | Susan L. Ray
Sure. Lots of moms do not put the dad's name on the birth certificate. File an action to establish paternity declaring that you are the father, and if challenged, get a DNA test.
Answer Applies to: Florida
Replied: 3/6/2013
Matthews, Campbell, Rhoads, Mcclure, & Thompson, PA | Vicki S Vasser
A biological father may file a paternity action and request custody of the child, but the biological father will have to demonstrate that he is in fact the father by taking a paternity test if the mother will not agree that he is in fact the father. Once paternity is established, he can request custody of the child.
Answer Applies to: Arkansas
Replied: 3/6/2013
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
Yes, he can file what is called a Petition for Determination of Paternity and request that a DNA test be performed to prove he is the father and, if so, request that the birth certificate be amended to reflect that he is the father. Generally, an attorney should assist in this process, as it can be a bit complicated and technical.
Answer Applies to: Florida
Replied: 3/6/2013
Wolfstone, Panchot & Bloch, P.S., Inc.
Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
Whether the father is on the birth certificate or not is irrelevant. You can file a Petition for Parentage (known as "paternity" in most states) to seek residential care or visitation. A DNA test will establish your parentage.
Answer Applies to: Washington
Replied: 3/6/2013
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    File and serve your paternity petition with a motion to establish custody and visitation.
    Answer Applies to: California
    Replied: 3/5/2013
    Law Office of Carolyn R. Jones
    Law Office of Carolyn R. Jones | Carolyn Jones
    Yes. he can file the court will require a DNA test more than likely. And he will be given visitation with the minor child.
    Answer Applies to: Florida
    Replied: 3/5/2013
    John Russo | John Russo
    Yes he can file.
    Answer Applies to: Rhode Island
    Replied: 3/5/2013
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    You can file suit to be recognized as the father of the child. I suggest you hire a lawyer. R
    Answer Applies to: Texas
    Replied: 3/5/2013
    Kevin H Pate
    Kevin H Pate | Kevin H Pate
    You would file a petition to determine paternity. A simple DNA test will establish paternity or exclude you as the father. If you are the father, the matters of custody, visitation and support can also be taken up. In OK, if the child is receiving any form of state assistance, the State through the Oklahoma Child Support Services office is a necessary party to your proceedings.
    Answer Applies to: Oklahoma
    Replied: 3/5/2013
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Yes, but the first step in the legal case will be to establish paternity which will permit adding the father to the birth certificate and then establishing specific parental rights and responsibilities. Custody and parenting time to involve both parents will be decided on the basis of what is in the child's best interests.
    Answer Applies to: Colorado
    Replied: 3/5/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    He can file for paternity and custody and to have his name put on the birth certificate.
    Answer Applies to: California
    Replied: 3/5/2013
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    If there has not been a determination of paternity, the biological father could file a paternity action asking that parternity be determined. If there already is a legal father, the biological father may not have standing to challenge it.
    Answer Applies to: Michigan
    Replied: 3/5/2013
    Kingloff & Travis | William K Travis
    In Georgia you need to file a petition for legitimation of the child and ask for legitimation, for your name to be put on the birth certificate, for custody, and for child support.
    Answer Applies to: Georgia
    Replied: 3/5/2013
    John H. Sibbison III, Professional Law Corporation | John Sibbison
    The father does not need to be named on the birth certificate to assert custodial rights.
    Answer Applies to: California
    Replied: 3/5/2013
    Gateway Legal Group | Christian J. Albut
    Yes a father can fight for his rights whether he is on the birth certificate or not. If he is the father of the child he has rights to visitation and custody. If you were not married at the time then the father would have to file a petition to establish parentage. With that petition the visitation and custody rights would then be determined.
    Answer Applies to: California
    Replied: 3/5/2013
    McGuire Law Offices | John Smitten
    You have to enforce your rights through court.
    Answer Applies to: Florida
    Replied: 3/5/2013
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    Yes you can You will also establish paternity in this case. Consult with an attorney to discuss your options and issues further.
    Answer Applies to: Michigan
    Replied: 3/5/2013
    Theodora Fader | Theodora Fader
    In Michigan, the proper way to proceed would be with a paternity action if the father has not executed an affidavit of parentage.
    Answer Applies to: Michigan
    Replied: 3/5/2013
    Stotz & Quayhackx, P.C. | Thomas A. Stotz
    In certain narrow circumstances. You need to consult an attorney.
    Answer Applies to: Michigan
    Replied: 3/5/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    He can filing alleging the is the father, and, if he is will be entitled to parenting time, potentially custody and responsible for contributing to support.
    Answer Applies to: Michigan
    Replied: 3/5/2013
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