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Does the father of my child have any rights to my son if his name isn't on the birth certificate and my child has my last name?

Bolivar, MO |

My ex and I have a son who was born in Nov. 2012. My has my last name. His father is not on the birth certificate. I would like to know what rights he has to our son. What can he do and not do pertaining to our son. My ex is on probation. He has recently violated his probation. His house is filthy and he is an unfit parent. I do not want him to have any custody rights for our son. What can I do to have full custody of our son? Do I need to take any legal steps?

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Attorney answers 1


I encourage you to speak with an attorney as you have made somne mistakes. Regardless of what you think of the guy he is the natural father and should be identified as such. If you had taken the time to place the father's name on the birth certificate, child support could have been established without delay. An experienced attorney can help but this should be addressed immediately as that child deserves to have clarity as he matures.

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My baby and I took our paternity test on 2/18/2013. He will be taking his paternity test on another date. The father of our son denied that he was his child, but later accpeted him. He doesn't spend any time with him. Does he have rights to our son like any father does?

M. Todd Miller

M. Todd Miller


The natural father always has rights until terminated by a court.

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