What rights does he have if hes not on the birthcertificate but does pay child support?

Asked over 1 year ago - Los Angeles, CA

I am 9 months pregnant and my babys father is not involve at all. I don't want my son to have his last name or to put him on the birthcertificate. If i get child support from him what rights would he have? And also am I able to get full custody of my son once hes born?

Attorney answers (3)

  1. Richard Forrest Gould-Saltman

    Contributor Level 19

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    Answered . To get child support from him, either (a) he's going to need to sign a valid acknowledgement of parentage, or (b) a court is going to have to determine that he's Dad. That makes him legally Dad for all purposes. While it won't change the child's name, it will mean that he can ask for, and may be given visitation or custody rights.

  2. Edna Carroll Straus

    Contributor Level 18

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    Answered . The state stands "in loco parentis" to children and the of the state aim is to protect the CHILD-- not to accommodate the parent or parents.

    if you can support the child and the father files no paternity action,he will have no "rights." if you go on state aid, then they (DCSS) will seek to establish the father and obtain reimbursement from him.

    Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by... more
  3. Isileli Tupou Manaia Mataele

    Contributor Level 19

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    Lawyer agrees

    1

    Answered . Unless he seeks to establish him as the father he has no rights but still obligated to child support. The mother can put down the name of the child on the birth certificate and the father can go fight to have it changed later.

    This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation.... more

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