Can be considered a victim of paternity fraud potentially. If you are not on the child’s birth certificate (for whatever reason) and you want custody, the most direct way to earn custody is to get recognition as the child… Report Abuse. The form will ask for your newborn’s information, mother’s information, and father’s information. This could help cover the cost necessities for the child’s life. Marriage or name on the birth certificate: If the putative father was married to the mother when the child was born, and/or he has signed the birth certificate, he is presumed to be the biological father. If the mother takes you to court you do. You don't get a "free pass" just because the mother didn't put your name on the birth certificate. For more on who has to pay child support, and how much, watch this video or listen to this podcast. You are still required to pay child support during the time your petition is pending. A man who voluntarily signs a birth certificate and then finds out later that he is not the biological father of a child in which they signed an acknowledgment of paternity form. Once a child's father is legally established in accordance with state law, the child's father can be required to pay child support. If a child is born while the parents are unwed, the man may agree to have is name on the birth certificate. I'm currently pregnant and have seen a solicitor about this very issue - whether to put my ex's name on the birth certificate. On the custody issue, if you are not on the birth certificate, you do not "automatically" have custody rights and the mother does not have to give you anything. As discussed previously, this presumption can be challenged by the father. If you do not stipulate to paternity she can ask the court to do a DNA test to establish paternity. In some instances, this is enough to obligate the father to support the child. If you have been ordered to pay child support somehow, either through DCS or through the court, then, you are going to have to pay child support until there is a court action finding you not to be the father and turning off the child support. A few days after the birth of your child, the birth certificate is ready to be picked up at the town hall or mailed to the parents. As mentioned, having an unwed father’s name on the birth certificate acknowledges his legal relationship of the child and makes him obligated to pay financial support of the child. The only way to get out of paying child support if the mother asks for it is to have a DNA test that proves you are not the biological father of that child. In other situations, a court can determine that a person is the father because he has told others that he is the father and held himself out as the father. Easier to acknowledge paternity & step up to your role as father. When the court enters the judgment you will no longer be responsible for the support of the child. Some states do allow you to contest, or challenge, this presumption as well. Essentially, if you tell everyone you are the father, then the courts will agree. She advised me that if I did put his name on the birth certificate, he would automatically have parental rights, whereas if I didn't, then he wouldn't. After birth, you agree either to have your name on the birth certificate, to support the child, or you welcome the child into your home and openly tell people the child is your own. Establishing Paternity. Satisfy any unpaid child support owed to the other parent. Parents have a legal obligation to provide financial support for their children, even if a parent is not listed on the child's birth certificate. 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