Can I put my name on my daughters birth certificate? 32 Answers as of July 11, 2013

I had a 3 months relationship with a woman that I barely knew anything about her, she lied she was on pills, she got pregnant got really angry with her and we broke up but I kept in touch because of the baby, after she gave birth I was giving her money monthly, she started making troubles because she wanted me to be back with her, lying to everyone that I got her pregnant and ran away, she kept going to my work continuously and calling my work, making troubles until I was fired. She has since refused me seeing my child and refused to put my name on her birth certificate, she also refused D N A test is it possible to force her by law to put my name on my daughter's birth certificate? If not, do I have to continue giving her money?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Seek your remedy through the Court: File and pursue a Paternity case. You would best retain an experienced Family Law Attorney to represent you.
Answer Applies to: California
Replied: 7/23/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
If I was in your position, I would file an application for custody and visitation. that will force her to the table on access rights to the child and your obligation to pay child support. Don't wait too long to file as you want to do so as quickly as possible to get back to seeing your child.
Answer Applies to: Connecticut
Replied: 7/20/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
You can file a Petition for Paternity in the Child Support Court on the County in which you live to force a DNA test. If the child is your child then the Court can order visitation and child support which she would have to follow or be in contempt.
Answer Applies to: Alabama
Replied: 7/20/2011
Osterman Law LLC
Osterman Law LLC | Mark D. Osterman
You need to go see a lawyer of your choice. There are too many issues here, including equitable parentage.
Answer Applies to: Indiana
Replied: 7/20/2011
Vincent J. Bernabei LLC
Vincent J. Bernabei LLC | Vincent J. Bernabei
You should file a petition for affiliation (paternity). If she denies you are the father, you can have DNA tests conducted, and an amended birth certificate will be issued naming you the father and you will have court ordered parenting time (custody or visitation) with the child. If you are not the father, you are not obligated to pay any money to the mother.
Answer Applies to: Oregon
Replied: 7/20/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    The direct answer is that an unmarried father can only have his name added to the birth certificate as the father if the mother's consents (and signs the necessary paperwork) OR by a court order that determines judicially that he is the child's father. Since the mother doesn't appear willing to do that, your only option is to file a paternity case where the court can order DNA testing to confirm you are the father and direct that a new birth certificate be issued, if you are in fact the father. That court can also decide how to allocate parental responsibilities, including decision-making authority, primary residence for the child, parenting time between the parents, and it will establish child support obligations based on the facts and income of the parties. Until there is a confirmation that you are the father AND a court order setting out child support, you are not required to pay her anything. However, if you are eventually proven to be the father, the Court has the legal authority to order child support retroactively to birth - that is why it is to your advantage to do something now and not wait until the child is a teenager!. Whether that actually happens will depend on all the facts, but in any event you will get credit for everything you do voluntarily as long as you can prove what you have done.
    Answer Applies to: Colorado
    Replied: 7/19/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    To establish rights to the child, and put your name on the birth certificate, you have to file a paternity action. This would also allow you to fight for set placement times.
    Answer Applies to: Wisconsin
    Replied: 7/19/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    If you want to establish paternity you can file a lawsuit which would force her to submit to the DNA to determine whether or not you are the father; after which you can proceed with your other requests.
    Answer Applies to: Illinois
    Replied: 7/19/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You should start a parentage action.
    Answer Applies to: Washington
    Replied: 7/19/2011
    Neville J. Bedford Attorney at Law
    Neville J. Bedford Attorney at Law | Neville J. Bedford
    Until you admit or are proven to be the parent of a child, you do not have legal obligations to support that child. Beware that the state may pursue you for support going back to the child's birth if they have given benefits to that child - health care etc. Consult with an attorney to discuss the impact on visitation rights and to understand the separate issues.
    Answer Applies to: Rhode Island
    Replied: 7/19/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law you can bring a paternity action to determine whether you are the father, to establish parenting rights if you are the father, and to determine what your child support obligation should be. If you have not been determined to be the father, then you do not have a child support obligation at this time.
    Answer Applies to: Washington
    Replied: 7/19/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    You can get your name on your child's birth certificate. However, it is going to take court action to do it. You are going to need to file a paternity action to force DNA testing. Assuming that confirms that you are the father, then, your name would go on the birth certificate. At that point, you would also get to pay child support. Further, you could ask the court to enter a parenting plan which plan would give you some visitation rights to the child.
    Answer Applies to: Washington
    Replied: 7/19/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    You are absolutely entitled to a DNA test and if the child is yours, you can put your name on the birth certificate and you can have court ordered visitation/possession of your daughter. You do this by filing a suit to establish paternity. Child support and visitation are not related. In other words, you cannot withhold financial support because she does not let you see your daughter, and vice versa. That said, there is no court orders at this time, so your obligation is not enforceable either. My suggestion is to put the support in a bank account, do not let her have it unless she lets you see your daughter, meanwhile when you see your daughter, get a DNA test, even if Mom does not participate, the results can be fairly accurate. If it is your child, use that DNA in your suit to establish paternity (no need to pay twice) and if the child is not yours . . . . BTW, statistics show that nearly 15% of men paying child support are not really the father of the child - and I have seen statistics with a higher percentage, so while you assume you are the father and she has told you as much, 1 in 6 men paying support were told they were the father when in fact they were not. It is so prevalent that the Texas Legislature has passed a law, taking affect September 1, 2011, that addresses this issue.
    Answer Applies to: Texas
    Replied: 7/19/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    In order to establish your rights and obligations, you will need to file and serve a paternity action. If she denies that you are the father, the court can order a DNA test. Once you have been confirmed as the father, the court can order that your name be added to the birth certificate, and your child support obligation can be determined.
    Answer Applies to: Arizona
    Replied: 7/19/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    This is too complicated to deal with online, you need an attorney.
    Answer Applies to: Michigan
    Replied: 7/11/2013
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    You need to file a paternity action to establish your rights legally to the child. During the course of this litigation, a timesharing arrangement, child support and the birth certificate issues can all be resolved. You should hire an attorney to assist you in order to adequately protect you and your child's rights.
    Answer Applies to: Florida
    Replied: 7/19/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Assuming the child is in Florida and this is a Florida case, if you legally establish yourself as the father through a Paternity Action, your name will be added to the birth certificate by the Florida Department of Vital Statistics.
    Answer Applies to: Florida
    Replied: 7/19/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    yes, get a lawyer to file to establish paternity.
    Answer Applies to: Florida
    Replied: 7/19/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You will have to commence a paternity action.
    Answer Applies to: Connecticut
    Replied: 7/19/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    You need to start a paternity action and the court will order DNA.
    Answer Applies to: Wisconsin
    Replied: 7/19/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    Yes. You need to initiate a Paternity Action in order to get the result you are looking for.
    Answer Applies to: Utah
    Replied: 7/19/2011
    Rosenberg & Press, LLC
    Rosenberg & Press, LLC | Christopher D. Hite
    You want some custody/visitation rights with your child. You would have to file an Application for Custody Order and acknowledge paternity. This will also cause a child support order to enter. She wants money but doesn't want to let you see your child, typical and unfortunate. Don't just fork over money and be entirely denied parental rights, stand up to her and take the initiative. The process can be a bit complex, never hurts to have an attorney.
    Answer Applies to: Connecticut
    Replied: 7/19/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    Until there is a determination of paternity and child support order, no, you do not have to give her anything, except by way of any moral obligation you might feel.
    Answer Applies to: Nevada
    Replied: 7/19/2011
    Law Offices of Lopez, Pyrchalla & Kaufman, LLC
    Law Offices of Lopez, Pyrchalla & Kaufman, LLC | Russell I. Kaufman
    You need to get a DNA test to determine if this is your child. If the child is yours then you not only have a right to have your name on the child's birth certificate but to have visitation as well.
    Answer Applies to: Illinois
    Replied: 7/19/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    If you are not determined to be the legal father you have no obligation to pay any child support. However, if you want to become the legal father you have the right to file for paternity and demand a blood or DNA test and if it turns out you are the father then you will have the legal right to custody/visitation with your child but also you will then be obligated to support the child. Don't sit on your rights.
    Answer Applies to: California
    Replied: 7/19/2011
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    When a child is born out of marriage the rights of the father do not attach until paternity is legally estsblished. You need to file a petition for paternity and as part of the petition you will ask for a DNA test, that child's last name be changed to yours, and that your name be added as the father to the child's birth certificate. It is admirable that you have stayed involved and offered support, along with the paternity petition you can also ask for and be awarded standard visitation which is typically every other weekend, one day midweek, rotating holidays, and extended summer visitation. Once you have a court order for visitation if the mother then denies your visitation she will be in contempt of court which in Arkansas is a misdemeanor criminal offense. The remedy for contempt of visitation can be that she lose custody to you.
    Answer Applies to: Arkansas
    Replied: 7/19/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Let's take the easy question first: you do not have to give her anything until the court orders you to do so. Yes you can ascertain the paternity of the child through the juvenile court. Please discuss your concerns with a domestic relations attorney near you.
    Answer Applies to: Ohio
    Replied: 7/19/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You would need to file a legitimation or paternity action. During that process you can ask for a DNA test, that your child have your last name, and get court-ordered visitation. The court would also order child support.
    Answer Applies to: Georgia
    Replied: 7/19/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You must pay support for 18 years. You can go to jail if you stop for 30 days. If you wish to see the child, seek custody or otherwise participate in the child's life, you would have to file a court case to legitimize the child. The child's name can be changed in such a case.
    Answer Applies to: Georgia
    Replied: 7/19/2011
    Law Office of Tim W. Avery
    Law Office of Tim W. Avery | Tim W. Avery
    You will need to file a paternity suit to be adjudicated as the legal father of the child. After the suit is filed, a DNA test can be ordered by the Court. If it is determined that you are the father, then you can further request rights of access to and possession of the child but of course, child support will most likely be ordered. Once the court order is signed adjudicating you as the father, then you can have the birth certificate amended to add your name as the father.
    Answer Applies to: Texas
    Replied: 7/19/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    You should start a paternity action.
    Answer Applies to: Washington
    Replied: 7/19/2011
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