QUESTION

What are the father’s rights if he isn't on the Birth Certificate?

Asked on Sep 08th, 2013 on Child Custody - Utah
More details to this question:
My child was born out of wedlock in April 2010. Her father wanted nothing to do with her and kept denying her so I got a DNA test done, results came back positive. He has seen her three times in January 2011. His name wasn't put on the birth certificate and she kept my last name. As time has passed, he's not done anything as far as ask about her, never contacted me, never supported her in any way. Within the last year he's managed to have a child by and marry someone else. Now all of a sudden this past May he's decided that he wants to be dad of the year so to speak. I’ve let my daughter spend the night a few nights with him so they could spend time together. Now he wants to take me to court for joint custody of my kid. She is stuck to my hip so it makes it that much harder. I've been with my fiancé since March 2010. We are due to get married in November. My fiancé is in the navy, so I would move to where he is getting based, plus he has raised my kid since she was born. What are my rights? Can I move out of state with my child? Do I need to let him take me to court before I let my child go back with him? It's a mess but any help/resources are greatly appreciated!! Feel free to email with stuff that can prepare me with this matter.
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3 ANSWERS

Chapter 7 Bankruptcy Attorney serving Salt Lake City, UT at Linda D. Smith, P.C.
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This guy has zero rights. He needs to obtain a Paternity Order before he has any rights at all. Since you have never pursued child support with ORS (I assume) they will not have given him any rights either. You do not have to let him have any visitation since there is no court order. You can leave right now but if he serves you with a Petition for Paternity you will be stuck.
Answered on Sep 12th, 2013 at 10:10 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Your best bet is to fight the custody proceeding and try and prove to the court that it is in your daughter's best interest to be with you and the man she has bonded to as her dad so that she can go with you. You will be better off with an attorney who understands the law and the court system.
Answered on Sep 10th, 2013 at 11:01 AM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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Being on the birth certificate does not establish or disestablish father status. See Utah Code Section 78B-15-201: 78B-15-201.
Answered on Sep 10th, 2013 at 9:25 AM

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