I'm not sure what the procedures are, but if he is willing to admit paternity, the court will update the birth certificate. He may have to pay, and he may have to take tests, but if he's the father, the courts will grant him paternity status.
He can give up his parental rights, but the procedures are excruciating. Most lawyers won't even help you. He can give up parental rights so he no longer has to pay child support, but he will still owe any back child support due.
He would need to get a lawyer in order to sue for custody, and there would have to be a very good reason for a judge to consider a custody suit to award full custody to Dad. Some reasons would be unfit parenting, i.e. Mom is too emotionally unstable to raise the child, or on drugs, or a practicing alcoholic - AND it would have to be proven that she cannot take care of the child AND it would have to be proven that Dad can and will take on full care and support of the child AND that there is not another person better able to care for the child. He would have better luck asking for joint or partial custody.
All in all, your best bet is to consult a lawyer. Some lawyers will answer questions for free.
Discussion Topic
Child support problems
Posted on 06/03/08, 12:16 am
Can a man get custody of a child if he's not on the birthcertificate? and can he give up his parental rights to a child that he rarely sees and not have to pay support for them? Also does he have to have reason to get custody?
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Reply #1 06/09/08 2:12pm
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Reply #2 06/09/08 8:00pm
i don't know what the laws are in your state, but i know in my state, it would be really hard for a man to get custody unless the courts can prove you and unfit mother, and a man that doesn't pay child support and has not seen the child would have a hard time getting visitation or anything, if he is not on the BC he could always get a paternity test or something to prove the child is his, so i doubt it would matter. I wouldn't think he would have much of a leg to stand on, especially if he is behind on child support and doesn't see the child as is like he should. -
Reply #3 06/09/08 8:01pm
i know here, also a man can give up his rights and not have to pay child support, however, he will not be allowed to have any contact with the child again -
Reply #4 06/13/08 2:29pm
He can give up his rights, but you - as the mother - need to agree to that. He cannot give up his rights as a way not to pay child support. Most states value the rights and welfare of the child over the feelings and desires of the parents. As far as custody, yes - men can be the more fit parent. It really depends on the state. But - most states work on the concept of "what is in the best interest of the child." I actually know quite a few dad's who have custody of their children. However, they have been actively involved in their childrens' lives from day one.
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