QUESTION
What are the father's rights in a child custody case?
Asked on Jul 17th, 2011 on Child Custody - Connecticut
More details to this question:
My daughter is an unwed teen mother. She did not put the father's name on the birth certificate as he did not sign the acknowledgment of paternity form; in any case, they broke up several months' prior to the baby's birth. What rights would he have with the baby?
15 ANSWERS
Roianne Houlton Conner
A child born out of wedlock is presumed to belong only to the mother. The father could petition the Court for a paternity test and if the child is his could request custody, visitation and support.
Answered on Jul 20th, 2011 at 7:37 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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When parents are not married and has not been identified as the father on the birth certificate, the father has no rights until those rights are established by a court that has first judicially ruled that he is the father. Even if he were listed on the birth certificate, there is no way of describing what specific rights he has until the parents agree and/or a court issues an order approving a parenting plan that identifies what each parent's rights are. Likewise, he has no current duty for paying child support until paternity is established and child support is ordered. Eventually, child support could be ordered retroactively to birth of the child, but whether that will happen depends on a whole lot of facts that aren't yet known. Sooner or later one of the parents will need to begin court proceedings to get a clear determination of who has what authority and responsibility and the longer it is until that happens, the more complicated and nasty it could get.
Answered on Jul 20th, 2011 at 9:33 AM
The father can file a paternity action to establish his rights. Until then, he has no legal rights. If your daughter receives any type of state aid, they usually file to establish paternity so that they can pursue child support.
Answered on Jul 19th, 2011 at 1:39 PM
The father of your daughter's child is not on the birth certificate and did not sign an paternity declaration. Also, I assume that the two of them were never married. In these circumstances, at this moment, the guy is not legally considered the father of the child and has no particular rights until paternity is established. Once paternity is established, then, the court should enter a parenting plan with some sort of visitation schedule. Also the father would then get to pay child support as well.
Answered on Jul 19th, 2011 at 1:39 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In a parentage action the court will impose a pareting plan that is in the child's best interest.
Answered on Jul 19th, 2011 at 1:25 PM
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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For the biological father to obtain parental rights he would need to bring a parentage action to have himself legally determined by the court to be the father of the child. Then he would be able to ask the court to establish a parenting plan for the child determining what each parent's involvement in raising the child would be.
Answered on Jul 19th, 2011 at 1:10 PM
Steven D. Dunnings
If there is no Order of Paternity, then he has no rights. The Birth certificate is not the important document, the important document is an Order of Paternity issued by a Court .
Answered on Jul 19th, 2011 at 12:42 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Initially, none, at least not until his rights are established as the biological father of the child. However, if he establishes his rights legally, then he has equal rights with the Mother and is entitled to overnight contact, medical records and other reports, and of course, will have to pay child support.
Answered on Jul 19th, 2011 at 12:33 PM
William Guy Pontrello
Every child has a father. He has as much right as the mother.
Answered on Jul 19th, 2011 at 12:16 PM
The father must act normally within two years of the childs birth or he could waive his paternal rights. However, you do not say how old the baby is so I have to assume he is still within that two year period. If he waits too long he may lose his rights to his child.
Answered on Jul 19th, 2011 at 11:43 AM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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He could start a paternity action. Ultimately, the court will consider the best interests of the child when determining custody issues.
Answered on Jul 19th, 2011 at 11:31 AM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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To Whom It May Concern: This is a slightly more complicated question than the usual custody and visitation case because it involves a Paternity issue. You did not say whether your daughter was a minor. That fact would complicate matters even more. At this point, the biological father has legal rights, though he might not be able toexercise them. He would have to file a Paternity action, with an Order to Show Cause, re: Custody and Visitation, to legally establish his parenthood and to obtain a Court Order granting him the right to see the child. Note that should he have obtained custody of the baby, the situation could have beensticky if his name was on the Birth Certificate. Since it is not,your daugther would be able to obtain the assistance of law enforcement to retrieve the baby should that happen.
Answered on Jul 19th, 2011 at 10:26 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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At this time, he has no rights to the child or visitation, and has no obligation to pay child support. For further information, please consult a domestic relations attorney near you.
Answered on Jul 19th, 2011 at 10:26 AM
Glen Edward Ashman
He has to pay child support for 18 years. Unless he files to legitimize the child (and succeeds) he has no custody or visitation rights.
Answered on Jul 19th, 2011 at 10:16 AM
Probate and Estate Planning Attorney serving Stratford, CT
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Rosenberg & Hite, LLC
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Right now, he has none. However, if he acknowledges paternity and petitions the court he could be awarded some form of legal custody/ and or visitation. Upon recognition of such, he would have a legal obligation to pay child support and a percentage of unreimbursed childcare and medical expenses for the child. I would be happy to further discuss this matter with you.
Answered on Jul 19th, 2011 at 10:12 AM