What Happens if You Have a Child and You’re Not on Their Birth Certificate?

I wanted to answer the question of what happens if you have a child or children and you're not on their birth certificates?

The answer is it depends. It's a good lawyering answer, right? It depends on how much time has passed and what the circumstances were. But the remedy is often the same, which is that you need to file a paternity lawsuit. Yes, it's a lawsuit. You need to bring a paternity action in the jurisdiction that is appropriate. And what you are asking the court to do in a paternity lawsuit is to make a judicial determination of paternity.

Well, how do they do that? Well, either the parties can stipulate, or if the mother refuses to stipulate that that's your child or those are your children, then you can take and ask the court to do genetic testing. Now, if you ask for genetic testing, you need to be prepared for the answer.

The answer might be that's not your child and maybe you've thought it was for quite some time. And if you're not on the birth certificate and you didn't sign a document called an acknowledgment of paternity, once that court determines that's not your child, then you are no longer able to seek visitation and custody rights over that child, except through something like adoption, which is a much longer road to haul.

The second thing you need to be prepared for is that, in order to do genetic testing, there's another man in that child's life. If there's another man in that child's life just informally and has been for a while, the court has to take that child's best interests into consideration by undermining that father-child relationship with genetic testing. And this is especially problematic if that other man has signed an acknowledgment of paternity, as I spoke of earlier.

An acknowledgment of paternity is a simple one-page document where the mother and the alleged father sign a document saying, "We acknowledge this child is this man's and this woman's." Once two years have passed where another man has been on an acknowledgment of paternity, you cannot legally undo that.

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[cjjenningsiv]

I am in Florida and Dad to 3 children of my own, 2 separate mothers of the 3. I just was summoned for a paternity test on a female I dated 13 years ago. She had a child and I did not know it. What are my options?

[chipsdad]

15 years ago my ex wife convinced me to create a child. She did this because she wanted child support payments. Through legal maneuvers my right were terminated and I have not seen my child since he was a child. If I reach out to him in 3 years when he turns 18 can my ex come back on me for child support. Right were legally terminated through the courts system. I am not legally the father. However his DNA is mine.

[remlet]

What if the babies not born yet, the mother says fathers not going on birth certificate and she's gonna say she don't know who father is and keep father away

[bluedimples]

what if his name isn't on the birth certificate and the mother passes. How does he add his name to the birth certificate now?

[ramonrivera]

I'm on child support and my name is not on the birth certificate what should I do

[Dark_sideofthemoon]

What if the father denies the baby while mother is pregnant and abandons mother. Is the mother obligated to put the father’s name on the birth certificate? I don’t think that’s fair. I think he loses all rights once he opts out!

[iamweejonny]

Where does one stand if the child now 26 reached out via a DNA database and found her father who did not know he was a father. Liken case with a friend of mine whilst on a short stay in the USA now living in the U.K. he has asked out but nobody is able to query this

Thanks

[Arcade_Y]

I was born in Burma/Myanmar and When I went to Malaysia my parents left my birth certificate behind so they had to make another one with a different DOB

[Ayme]

I just found out my aunts my biologial mom 4 months ago its so hard

[brettbeggs]

If the biological father was never informed he was the father and the mother signed an acknowledgement of paternity under penalty of perjury knowingly lying and puts another man in there I find it very difficult to believe that the bio father cant establish legal rights no matter how long the man has been present. I am going through a paternity fraud case right now in Alabama and the courts ruled I have standing for trial as a bio father in this situation

[Ayme]

I need help i got switched at birth the private hospital wont calp me back my aunt is my biological mom the hospital wont call me back

[ndivhuworonald]

Please help me to start a certificate of children 3 year

[Ayme]

I called cook county they found birthing error on mother

[K_mustafaa]

Is it possible for the acting father (man that signed the AOP) and the biological father (proven through dna testing) to get the biological father put on the AOP & birth certificate if they both agree to it WITH the mother? {Tulsa, OK}

[patrickbennett]

Im what college may call a non conformist. Basically im watching stuff like this to figure out just how much I can not conform to society with kids if I ever had any. Basically I just dont really need or want anyone or any of societies ways. We dont really need much school or any forced school, or vaccines or social security stuff or like anything the world is doing. We can just be all good on our piece of land. Yep, were just fine there. Its what humans once did a long time ago. It worked then, just look at us now. Its how we even got here. Just nature, thats it. All this other stuff mankind is doing, I aint really feelin it. I dont have kids but if I ever do, we might need some dentist cause of those dammmm wisdom teeth. We might need a little medical here n there, but we are going to do our best to not need the world. Theres just way too much lies and bs in the world and it started for me in 1st grade. I knew school was a bunch of bs, now im 41 and I still think school is bs. I sure as hell dont want to force that apon my kids. I feel it is a human right to have kids and raise them how you want instead of how a government wants.