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if the father has not signed he has no rights to the child unless he take you to court and gets a DNA test done. until that happens the father has no rights what so ever but if he has signed the father would have the same rights as the mother

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12y ago
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13y ago
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11y ago

No. The unmarried mother gets to name the child.

No. The unmarried mother gets to name the child.

No. The unmarried mother gets to name the child.

No. The unmarried mother gets to name the child.

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10y ago

State laws vary and an unmarried father's parental rights must be established legally, in court. You need to visit the family court in your area and ask if the acknowledgment of paternity you signed at birth (birth certificate) is enough to establish your paternity legally. You may need to establish your paternity by a DNA test arranged through the court. Since you were not married to the mother you should confirm your paternity by a DNA test even if it is not required by law. Once your paternity is established legally you can petition for custody and/or visitation and pay child support.

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15y ago

yes you can sign your rights over because the legal system will allow it.

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10y ago

This is going to depend on where you live as the laws will vary not only country to country, but also state to state. It's best to look up the laws in your location to find this information.

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11y ago

No. The unmarried mother gets to name the child.

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Q: What rights does an unmarried father have when he signed the birth certificate and the child carries his last name?
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If father is listed on birth certificate and does not pay support what are his rights?

An unmarried father has no parental rights until he establishes his paternity in court through a DNA test.An unmarried father has no parental rights until he establishes his paternity in court through a DNA test.An unmarried father has no parental rights until he establishes his paternity in court through a DNA test.An unmarried father has no parental rights until he establishes his paternity in court through a DNA test.


Who has right a child if the mother and father both sign the birth certificate?

It depends on the state. In some states, a father who is unmarried to the mother acquires legal rights by signing the birth certificate. In other states, signing the birth certificate conveys no legal right, and the father still must proceed with a legitimation or paternity proceeding in order to become the legal father.


What rights does an unmarried father have if you have guardianship of a child?

Generally, none. An unmarried father must establish his paternity legally in court in order to gain parental rights. Until he does that, he has no rights.Generally, none. An unmarried father must establish his paternity legally in court in order to gain parental rights. Until he does that, he has no rights.Generally, none. An unmarried father must establish his paternity legally in court in order to gain parental rights. Until he does that, he has no rights.Generally, none. An unmarried father must establish his paternity legally in court in order to gain parental rights. Until he does that, he has no rights.


Why does it matter if you were married to the father of your children or not in custody cases?

When a married woman gives birth her husband is assumed, legally, to be the father of the child and he has all the legal rights and responsibilities regarding that child. When an unmarried woman gives birth, the paternity must be established legally by the father signing the birth certificate or establishing his paternity through a DNA test. In the case of an unmarried woman, the woman who gave birth is a matter of record. The father's identity is not.When a married woman gives birth her husband is assumed, legally, to be the father of the child and he has all the legal rights and responsibilities regarding that child. When an unmarried woman gives birth, the paternity must be established legally by the father signing the birth certificate or establishing his paternity through a DNA test. In the case of an unmarried woman, the woman who gave birth is a matter of record. The father's identity is not.When a married woman gives birth her husband is assumed, legally, to be the father of the child and he has all the legal rights and responsibilities regarding that child. When an unmarried woman gives birth, the paternity must be established legally by the father signing the birth certificate or establishing his paternity through a DNA test. In the case of an unmarried woman, the woman who gave birth is a matter of record. The father's identity is not.When a married woman gives birth her husband is assumed, legally, to be the father of the child and he has all the legal rights and responsibilities regarding that child. When an unmarried woman gives birth, the paternity must be established legally by the father signing the birth certificate or establishing his paternity through a DNA test. In the case of an unmarried woman, the woman who gave birth is a matter of record. The father's identity is not.


Are your rights different when wanting to move out of state if the father and you were never married?

Generally, no. Married or unmarried, the law considers the father's rights equally.


What if you're not the birth father but signed acknowledgement of paternity and she takes your son?

If you are unmarried you would need to establish your "paternity" in court before you have parental rights. An unmarried mother has legal custody of her child. She could have you ruled out as the father by requesting a DNA test through the courts. When you knowingly commit perjury on a birth certificate you create a difficult and messy situation for everyone involved. You should consult with an attorney.If you are unmarried you would need to establish your "paternity" in court before you have parental rights. An unmarried mother has legal custody of her child. She could have you ruled out as the father by requesting a DNA test through the courts. When you knowingly commit perjury on a birth certificate you create a difficult and messy situation for everyone involved. You should consult with an attorney.If you are unmarried you would need to establish your "paternity" in court before you have parental rights. An unmarried mother has legal custody of her child. She could have you ruled out as the father by requesting a DNA test through the courts. When you knowingly commit perjury on a birth certificate you create a difficult and messy situation for everyone involved. You should consult with an attorney.If you are unmarried you would need to establish your "paternity" in court before you have parental rights. An unmarried mother has legal custody of her child. She could have you ruled out as the father by requesting a DNA test through the courts. When you knowingly commit perjury on a birth certificate you create a difficult and messy situation for everyone involved. You should consult with an attorney.


In PA being unmarried parents does the father have to be present to sign the Birth Cert for the baby to have his last name?

My daughter was born in PA, you can name your child anything you want to. Any last name, any first name, it doesn't even have to be the last name of either parent, if that's not what you want. The only thing the father has to sign the birth certificate for is for his name to be on the birth certificate. You can name your child anything you want to! ---- It should be noted that signing the Birth Certificate does not grant the father any rights to the child. It merely acknowledges financial responsibility. Only Arizona and Arkansas has specific laws addressing the rights of unmarried fathers. Arizona grants the same rights as married father, whereas Arkansas specifically says that unmarried mothers have sole control, custody, and decision making as regards the child.


Does the birth mother have to file for legal custody of her son in Virginia even if there is no legal father?

No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.


Does the father have right if his name is not on the birth certificate but child has is last name?

No. I doubt you are the only one in the world with that last name. You don't own your last names unless you patented it. A unmarried father have rights to his child if he proved paternity in court. Not otherwise.


Does the mother have sole custody in Wyoming?

If unmarried, yes and until the father have been to court to get his parental rights.


Can a unmarried mom take kids and have no contact with father?

Unless he has gone to court to get his parental rights, yes.


What are a father's rights after a child is born?

If the couple are unmarried the birth mother is presumed to have full custodial rights to the child.. The assumed father is not automatically granted any rights to a child until paternity is established either by the signing of the birth certificate or affidavit of parentage or a paternity test. When parentage has been established the biological father can file a writ of habeas corpus for custoday or a petition for visitation rights; likewise the primary custodial parent can then petition for child support.