QUESTION
Can an acknowledged father sue for custody without his name on the birth certificate?
Asked on Nov 29th, 2012 on Child Custody - Louisiana
More details to this question:
When I initially filed for child support, my daughter's father denied paternity and removed his name from her birth certificate. Court ordered DNA tests confirmed he is her father and he has been paying child support. Will the fact that he never put his name back on her birth certificate help me in our current custody battle?
11 ANSWERS
Michael Paul Vollandt
You have a complex issue. You should consult with a Certified Family Law Specialist.
Answered on Apr 14th, 2013 at 8:32 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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It should not have been possible for the father to have, by himself, "removed his name from the birth certificate" because he should not have been listed in the first place without your agreement and his acknowledgement of paternity. But if he actually did so, when the DNA tests were accepted by the court in establishing paternity in order to support the order for child support, the birth certificate should have been changed to reflect the court order and it would have been your responsibility to provide the vital statistics office a copy of the court order finding that he was the father. The question of what custody arrangements a court should adopt for a child has nothing to do with what the birth certificate says if, in fact, a court has previously ruled that he is the legal father.
Answered on Dec 05th, 2012 at 1:18 AM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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No. Both of you are parent's and have rights. Custody and parenting plans should be negotiated by the parent's by agreement so both parents are receiving frequent and consistent time with the child which is appropriate for their age. However, if your relationship prevents good communication and you are unable to agree, you will have to go to court and the judge will decide what they believe is best and will order custody and visitation. California presumes joint physical and joint legal custody is best unless it is shown not to be in the best interest of the child.
Answered on Nov 29th, 2012 at 11:35 PM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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Only to the extent it could be argued it evidenced his lack of concern for the child. Given his subsequent apparent change of heart (he is now paying support, you say) I doubt a judge would consider it of much weight.
Answered on Nov 29th, 2012 at 10:54 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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It is a factor that the court will look at. Talk to an attorney to see what other factors are important to your case. The attorney will make sure your issues are presented properly.
Answered on Nov 29th, 2012 at 10:54 PM
Steven D. Dunnings
Birth certificate doesn't matter
Answered on Nov 29th, 2012 at 10:54 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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The name on the birth certificate has no bearing on what will happen in a custody dispute. If DNA testing concluded he was the father, the court will enter orders finding that he is the father and that ends the dispute over paternity. I suggest you hire a lawyer.
Answered on Nov 29th, 2012 at 10:53 PM
The father has a right to ask for DNA testing. Now that he is determined to be the father, his prior actions are unlikely to prevent him from getting access to the child. If you are the custodial parent, absent unusual circumstances, the court will usually not change that designation. Each case is very fact specific and there are a number of factors courts look at when determining custody.
Answered on Nov 29th, 2012 at 10:53 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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He still has a right to see his child and he can still file for some custody.
Answered on Nov 29th, 2012 at 10:53 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Most probably not, now that he is established that he is the biological father he has his parental rights. Depending upon the circumstances, and normally, it will be difficult for him to upset the current custodial arrangement, however that does not mean he will not try.
Answered on Nov 29th, 2012 at 10:53 PM
1 Award
Since there is judgment of paternity, the court has determined that he is the father. Therefore, he can file for custody.
Answered on Nov 29th, 2012 at 5:33 PM