An unmarried couple, together have a son. What legal rights does the "father" have if A. his name does not appear on the birth certificate and B. the child does not possess his surname? Paternity has never been established. If paternity is established does A or B have any bearing?
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Read More Answered By: Gregory Napier |
There is a presumption under the law that both biological parents have equal and coexistent custody (legal authority) over a child born outside of marriage. This is called joint custody. The problem is the absence of evidence of being that biological parent. So, in theory you have the same rights as the mother, but in practicality, you would have a hard time enforcing those rights without proving you are the father. If you establish paternity either through DNA testing (which is best) or by signing an affidavit of paternity then it does not matter that you are not on the birth certificate nor that the child does not have your surname.
Being named on the birth certificate would have been evidence of being the father from a legal standpoint, but a child having a certain surname has no legal significance. If the two of you are together and you do not want to fool with court, the schools and other government agencies should accept your paternity if you and the mother sign and notarize a statement (an affidavit) saying that you are the father. |
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