If my son’s father never signed the birth certificate, does he have parental rights?

UPDATED: Jun 30, 2015

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If my son’s father never signed the birth certificate, does he have parental rights?

If so, how do I go about getting him signing away his parental rights since he has been absent since the beginning?

Asked on June 30, 2015 under Family Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I know that his father is not on the birth certificste but where you married when your son was born? If, so he may have rights. If, however, you were not married at that time, the general rule of law is that if a father's name is not on the birth certificate he has no legal rights to the child. This means that while the father has no rights to custody or visitation, he also has no duty or obligation to the child such as paying child support.

That all having been said, depending on all of the circumstances, the father could at later date try to establish parental rights. Although given his absence that effort may not prove successful.

The fact is that you would be well advised to consult directly with an attorney who specializes in custody cases. They can best advise you furtehr according to specific state law.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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