Does a paternity/DNA test establish paternal rights?
My son’s father hasn’t been the best father... during my pregnancy he threatened not to sign the birth certificate and when I told him that I was in labor, he didn’t show up for his birth, and in turn he wasn’t there to sign. The state sent me papers to take him to court to establish paternity... my parents and I fear that he will try to just take off with him once paternity is proven. Due to him not being on the birth certificate right now, I know he doesn’t have rights... does that change when the DNA test comes back positive?
- Anonymous1 month ago
Sounds like you are trying to get welfare from the state and they want to go after daddy to support the child instead of the taxpayers of your state. So it comes down to you do as the state tells you or bye, bye welfare.
You say your son's father, was this a shack up or were you actually married because if so then the baby, in many states, is already legally considered his.
Yes, he does have rights right now the right to ask for a paternity test himself to establish paternity.
- STEVEN FLv 71 month ago
A DNA test establishes paternity.
Paternity IS parental rights until a court rules otherwise.
He ALREADY HAS parental rights, just not legally RECOGNIZED parental rights.
Signing or not signing the birth certificate are legally irrelevant.
In the case you describe, the court WILL grant you SOLE physical custody simultaneously with recognizing paternity.
- BruceLv 71 month ago
Both parents have equal rights unless there is a court order saying otherwise. He could just as easily demand a paternity test.
His signature on a birth certificate, or the lack of a signature, is irrelevant.
- NosehairLv 71 month ago
Not being on the birth certificate is of little significance. Assuming he is proven to be the biological father through the DNA tests he can probably get visitation rights and be required to pay child support. It is possible he could try and take off with the child but that is kidnapping charge that will follow him for the rest of his life and eventually likely put him in prison for several years. If you end up it court after the DNA test, while everybody is still in court ask the judge what happens if the child's bio father attempts to kidnap the child. The judge will probably respond in a manner that will scare the bio-dad out of such a prank.
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- curtisports2Lv 71 month ago
The father has rights, but not the right to just take off with the kid. If he's going to do that, he'll do it no matter what some piece of paper says.
- EvaLv 71 month ago
In order to get assistance from any social services programs, you must try to get child support first. Proving paternity has nothing to do with custody or visitation. That's established in family court along with child support. Why would he want to take off with a child that he doesn't have any interest in?
- MorningfoxLv 71 month ago
Maybe you live where the law is different, but in the USA my understanding is like this:
Paternity rights in a case like this, are established by a judge's ruling. The judge can decide what's best for the child. Not what's best for you, or for the father. The judge can rule for, or against, legal paternity, no matter what the DNA test says, or what the birth certificate says. She just needs good reasons for her ruling.
Not being on the birth certificate is only a part of the father "not having rights". The judge is going to want to know WHY and HOW he is not on the certificate, and both you and him will have a chance to argue about it (calmly and politely). If the baby daddy never had a fair chance to be on the certificate, the judge could rule that he SHOULD have been on the certificate, and she is going to treat him as if he WAS on the certificate.
Having a DNA test say that he is the biological father is only a part of him getting rights. The judge is going to want to know if the DNA test was done correctly, with no chance of any screw-ups or cheats. The baby daddy can't just show the DNA report and expect it to be believed (unless you agree to that). He needs to have the testimony of the person(s) who took the samples, carried it to the lab, tested it there, and wrote up the results. And even after all that, it's possible that judge will say that "sure, you are the biological father, but I'm not going to give you parental rights, because of reasons X, Y, and Z."
- Anonymous1 month ago
You've been through this before. Didn't you learn anything? "Can my boyfriend legally keep his son away from the mother? There is no current custody agreement, and the mother has a history with drug addiction. When we were supposed to take him to her over Thanksgiving, she overdosed and almost died. He has been afraid to take him to her after this. Will keeping him negatively impact him when he files for custody?"
- ExoplanetLv 71 month ago
File for custody and paternity. Seems obvious.
- Beverly SLv 71 month ago
Once he is proven to be the father he will get rights.. he will also have to pay child support.