What rights does my baby father will have if he signs the birth certificate? 14 Answers as of November 12, 2012

I don't want him to have any rights if he sign the birth certificate. He is an unfit father. He did not get his diploma nor GED, he do not work, and he smoke drugs. Will he have the right to get her whenever he wants to if he sign the birth certificate?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
Signing the birth certificate doesn't give him automatic rights. He has to file in court to obtain any parenting time or custodial rights, and you can challenge those if he does.
Answer Applies to: Ohio
Replied: 11/12/2012
Law Office of Melvin Franke | Melvin Franke
You must meet with an experienced paternity/custody attorney.
Answer Applies to: Missouri
Replied: 11/9/2012
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
Regardless of whether he signs the birth certificate, he is the father of the child. He could file a paternity suit to have custody, parenting time and child support determined. If you believe he is unfit, you will have to defend against any claim he may make in court. If the two of you cannot agree as to custody, parenting time and child support, a court will make the decision for you.
Answer Applies to: Michigan
Replied: 11/9/2012
John Russo | John Russo
But you still decided that he was good enough to father your child, and also I am sure he will be good for you to accept child support from, I have news for you signing or not signing does not change the fact that he is the natural father, and based on your English here, I would be very careful about attacking anyone on their educational background.
Answer Applies to: Rhode Island
Replied: 11/9/2012
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
If he was a lazy, uneducated, irresponsible drug user you should not have dated him, let alone had a child with him. You should get a paternity test and see if he is the father. Then you can get a support order just in case he hits the lottery. You can just do nothing and hope he does not want visitation, which is usually the case. It does not matter whose name is on the birth certificate, he either has a visitation and support order or he does not. I am not blaming you , I am letting you know the truth, which can be harsh at times and not necessarily what you want to hear. It is likely that he will not be a suitable father or ever pay child support, so it will be better to find an educated, kind, sophisticated, loyal, hard working husband that will love you and treat you with the respect that you deserve.
Answer Applies to: New York
Replied: 11/8/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Simply being identified as the father on the birth certificate does not create any rights other than to go to court and have specific rights determined. By allowing himself to be listed as the father, he essentially waives the right to have paternity proved and that is enough to establish court ordered child support. If he wants to be involved as a parent, he needs to go to court and ask for a parenting plan that a judge will adopt based on what is best for the child. Your opinion, by itself, won't be enough to prevent him from obtaining specific rights if seriously wants to be an involved father.
    Answer Applies to: Colorado
    Replied: 11/8/2012
    Attorney at Law | Michael P. Vollandt
    If he is a parent he is a parent. The Court can figure out what is in the best interest of you baby - not you, or the father unless both of you can agree.
    Answer Applies to: California
    Replied: 11/8/2012
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    If he is her biological father he will have those rights regardless of the BC as he can prove it by DNA if necessary and of course he will have rights to see her.
    Answer Applies to: Georgia
    Replied: 11/8/2012
    Langford Law Firm
    Langford Law Firm | Theresa Langford
    He will not NOT be your child's father just become it appears he is a bum. As the child's father, he will have the rights of any other parent. In Texas, paternity is established, and both parents rights and responsibilities are spelled out in a court order following the filing of a Petition in Suit Affecting Parent-Child Relationship. Your attorney will be able to explain the process to you, and what to expect from the court and the hearings. Good luck.
    Answer Applies to: Texas
    Replied: 11/8/2012
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    If he signs the birth certificate, he will be able to ask for time with the child and pay support by filing the appropriate petitions with the court. No parenting plan involves his having the child any time he wants. Parenting plans set forth the exact time a child spends with each parent. If he doesn't sign the birth certificate, but you get public benefits for the child (welfare, medical etc.) the State will bring an action, require a DNA test and bring an action.
    Answer Applies to: Washington
    Replied: 11/8/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    A natural parent has a god-given right to share in the growth and development of the child. He has to get to court and get his rights established. You have the final say so, but should allow visitation and otherwise comply with what is contained in FS 61.13(3).
    Answer Applies to: Florida
    Replied: 11/8/2012
    The Law Offices of Jill Puertas LLC | Jill Puertas
    In Missouri, if the parties are not married, there is not automatic granting of visitation, custody or support rights. You will have to file for child support through the state. If he wants any visitation or custody rights, he will have to file a Petition to Determine Parentage, Custody, and Support with the Courts. Even if he pays child support, he will have no rights, if you were never married, until an order is filed with the court to establish visitation.
    Answer Applies to: Missouri
    Replied: 11/8/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Under Georgia law the biological father of a child born out of wedlock (I am assuming you are not married to the child's father) has no rights to the child unless and until he files a petition with the court to legitimate the child and get parenting time rights. If you are married to the father, then he has the same custodial rights as the mother.
    Answer Applies to: Georgia
    Replied: 11/8/2012
    Victor Varga | Victor Varga
    That has nothing to do with his parental rights. You both have equal rights until a court orders otherwise, so you should file for custody immediately to stop him from taking your child.
    Answer Applies to: Maryland
    Replied: 11/8/2012
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney