Does my child's real father have any rights if his name is not on the birth certificate? 2 Answers as of February 27, 2012

My ex fiance's name is on my daughters birth certificate but is not the real father. Does her real father have rights? My ex fiance's name is on my daughter's birth certificate. He is not her biological father. If his name stays on the birth certificate, does her biological father have any legal rights?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
A mother and father have equal rights. The problem your bio dad faces is knowing he is the bio dad and showing it. If he does this, he can assert his rights and yes he has rights. It does not matter that you mistakenly named the wrong man on the birth certificate or even if you did it on purpose, a father is a father according to science and has rights devolved upon him as a matter of law. Whether or not he ever exercises them is a practical issue.
Answer Applies to: Texas
Replied: 2/27/2012
Thomas P. Carnes, Attorney & Mediator | Thomas P. Carnes
If you were not married to the child's father, he has no parental rights until he is adjudicated to be the father. Assuming that you and he have not and will not sign and file an Acknowledgment of Paternity wit the State, his rights can only be created through a parentage suit, a Suit Affecting the Parent-Child Relationship.
Answer Applies to: Texas
Replied: 2/23/2012
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