Unclaimed Custody

This is a discussion on Unclaimed Custody within the Family Law Questions forums, part of the Legal Questions & Answers Forum category; Can a man who is not on the birth certificate and did not file with the state registry claim custody of a child?...

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  1. #1
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    Unclaimed Custody

    Can a man who is not on the birth certificate and did not file with the state registry claim custody of a child?


  2. #2
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    He can try to file for custody after he has taken a DNA test to prove he is the father but that does not mean he will be awarded custody.
    I am not a lawyer, this is not legal advice.

  3. #3
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    And even then, does he not have to pay for it if he is the one who opens the case?

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    He would have to pay for the fees, like filing fees, lawyer fees, etc...
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  5. #5
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    And do I have to agree to the paternity test?

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    If this guy is claiming the kid is his and passes a DNA test, he is the biological father and has rights to the kid but also has responsibilities to support the kid whether he is awarded custody or not so long as he is determined to be the biological father unless you refuse child support.

    In this case he does not necessarilly have to support the kid but still has visitation rights. Do you believe he is the biological father?

    These cases are quite common. Typically a young man gets the gal pregnant and runs away from the responsibility because he is scared. After some thinking, he wants to see his kid or even goes for custody. Try talking the situation out with him. Why not agree together to share the cost of the paternity test IF found positive.

    I have a feeling you guys can really work this out. Good Luck

  7. #7
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    According to what I found in the Texas' website for child support and noncustodial parents, he doesn't necessarily have rights because he did not file with the registry within 30 days of the child being born. Of course, I may have read it wrong. As for the custody and visitation, I feel that him having custody would be devastating to the child, and visitation may not be a good idea either. The man is not mentally stable, and cannot even take care of himself. He lives with his parents in Wisconsin, while the child and I live in South East Texas with my partner in our own house. We are in a situation where we possibly need the child support, but are afraid that he could, and would, try and take the child from us despite the fact that he has had absolutely nothing to do with the child during the last 5 months of my pregnancy and the 9 months since the child has been born. We don't want to lose our baby to a man who didn't want the child in the first place.