Do I have to list the father on the birth certificate if not married at the time? 8 Answers as of March 28, 2013

If I was divorced at the time my daughter was born, do I have to list the father on the birth certificate? I have given her my last name and do not want her to have his name at all. I may need child support but absolutely do not want him to have any rights to my daughter.

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Alison Elle Aleman, Attorney & Counselor at Law
Alison Elle Aleman, Attorney & Counselor at Law | Alison Elle Aleman
If you want child support from this man, then certainly he has a right to have his name on his own child's birth certificate, and can actually go to court to enforce that right.
Answer Applies to: California
Replied: 3/28/2013
Kingloff & Travis | William K Travis
You and the father are legally obligated to financially support the child. While you are not required to put his name on the certificate of birth you will be required by the child support agency (or DHR) to identify him so that they can take action for child support. He might respond by bringing a child legitimation action in which case the court could order that his name be put on the certificate and could set up a parenting/visitation plan.
Answer Applies to: Georgia
Replied: 3/27/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You cannot have it both ways. He is the father and he has rights. If you want child support, then he can raise the issue of being on the birth certificate and custody. Moreover, if he knows that the child is his, he can sue you for custody.
Answer Applies to: Idaho
Replied: 3/27/2013
McGuire Law Offices | John Smitten
No you are not obligated to put him on the birth certificate if not married.
Answer Applies to: Florida
Replied: 3/27/2013
John Russo | John Russo
I hate these type of pompous self indulging questions, it is not up to you fortunately, it is up to the court and if he petitions for his parental rights I see nothing here that will prevent the court from so ordering. And the correct term to use is our child, not, MY, or MINE, but ours, hopefully you will find this out.
Answer Applies to: Rhode Island
Replied: 3/27/2013
    Kevin H Pate
    Kevin H Pate | Kevin H Pate
    Your daughter is also his daughter. If you are confident you know whom the father of the child is, then the father should be aware of the child, should be listed as the father, and should meet his responsibilities. It really is not your call as to what rights he has. Acting otherwise could prove detrimental to your own rights regarding custody and visitation preferences.
    Answer Applies to: Oklahoma
    Replied: 3/27/2013
    Fran Brochstein
    Fran Brochstein | Fran Brochstein
    You are not required to put his name on the birth certificate until order by a judge. However if you apply for child support or food stamps you need to be aware that you sign over all of your rights to the Attorney General to go after the father for reimbursement for you receiving government aid for your child since you are not supporting your child - the taxpayers are supporting your child. If you have applied for any federal or state aid for this child, you have given the Attorney General the right on behalf of all taxpayers to seek reimbursement from the father. It might take 2-3 years, but eventually the Attorney General's office will contact you and you will be forced to participate in setting up child support and visitation with her father. Also, he has the right to change her last name to his if he asks. In Texas, most judges will require that you change her name & you will have no say so about doing this. He is the father & judges want children to have their father's last name. If you want child support then he has the right to co parent with you regarding this child for the rest of this child's life.
    Answer Applies to: Texas
    Replied: 3/27/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    You should list him on the birth certificate He has rights as he is the father. He can claim his rights years from now.
    Answer Applies to: California
    Replied: 3/27/2013
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