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Yes, get a blood test and prove it No. What is your motivation? Are you trying to destroy a marriage? Have you done anything to support your child? Given money to pay for medical or provided other resources? If the other guy is ACTING like a parent, maybe you should just stay out of it. The Biology of a child is not relevent if the child is born to a married woman who resides with her husband. In such cases the "husband rule" applies, meaning the husband is assumed to be the legal father and the court will not allow anyone to intrude into the marriage nor will it allow genetic (paternity) testing to be done. The only exception is, if the biological father can prove beyond a doubt that the woman did not have an opportunity to engage in sexual relations with her husband during the time the child was conceived.

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โˆ™ 2006-03-01 00:35:31
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Q: Does a biological father have any custodial rights if his name is not on the birth certificate and the mother was married to another man at the time of birth?
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Can mother sign father's name on birth certificate if they're not married?

No. Only the biological father can sign it.

Do you have to married for the non biological father to sign child's birth certificate in Texas?

Except in an adoption, there is no such person as a "non biological father." The only man who should be signing a birth certificate is the child's biological father. Any other man who signs it is making an illegal statement.

How can mother change last name to hers of father is not on birth certificate and they are not married?

The custodial parent can change the child's name to anything she wishes.

Is it legal for a married man to sign the birth certificate for a child that's not his wife's child?

Yes, if he is the biological child of the child.

Is it legal to put someones name on a birth certificate if you are not married to the babies mother?

Yes, as long as it is the biological father's name.

Do names of parents on birth certificate prove marriage?

No - they simply list the names of the biological father and mother. A birth certificate does not prove the parents were married at the time the birth was registered.

What if you don't file your marriage certificate?

If a marriage certificate was not turned in after a wedding it is likely you will need to get another certificate. In most cases you are not considered legally married.

In North Carolina if a man is not on the birth certificate but is the biological father what are his rights?

If he's not married to the mother, none even if it was. see links

If the mother lives in different state than the father can she file for custody of child without father knowing?

No. Biological parents must be notified when the issue concerns minor children of which they share custodial rights. If the couple are not married the law presumes that the mother has sole custodial rights to the minor child/children until legal procedures are followed that might allow the biological father custodial and/or visitation rights.

If you were never married to the father of your child and there is not a court order for visitation would a judge remove the child from your custody if you move out of state?

No. If there is not a custodial order in place the law presumes that an unmarried mother has full custodial rights to her child and does not need permission from the biological father or the court in matters concerning the child. In addition, when a child is born out-of-wedlock the biological father must establish paternity before custodial, visitation and child support can be addressed.

Can a father take a child out of state if the parents are not married and there is no custody appointed?

Not without the permission of the child's biological mother. When a couple are not married and there is not a custodial order from the court, the law presumes that the mother has sole custody of the child in question.

Can you deny the father the right to see the baby after he or she is born at least until you leave the hospital?

Yes, assuming that the couple are not married. An unmarried mother has sole custodial rights until the biological father establishes paternity and is awarded custodial and/or visitation rights by the court.

Can mother put biological father's name on birth certificate if they are not married and he does not sign?

If you're in the US, no, she cannot just list him on the birth certificate without him being involved in the process (he normally has to sign a separate form acknowledging paternity) Only the father can sign his name to the birth certificate, but he is able to do so regardless of whether they are married unless the mother is married to someone else. In that case the husband of the mother would have to be ruled out as the child's father before the biological father can sign.

You are a US citizen married in another country and never filed the certificate in the US are you legally married?

I don't think so.

If custodial parent gets married does non-custodial still have to pay in MD?


In new York state can the biological mother take her child to another state to live if she is not married to the biological father?

Yes, but he can file an injunction to stop it.

If a person in the us married in another country and never filed the certificate in the US is he legally married?

If the marriage is legal in the other country, they are married everywhere in the world.

If you have a baby with someone who is married to someone else who is the legal father and who signs the birth certificate?

If ur the biological father then bring ur butt to sign the papers

Is it down to the father to determine if he is a father in the case that he is not on birth certificate for child maintenance?

Unless the parents were married when the child was conceived/born, it is the burden of the custodial parent/State to prove paternity in such a case.

How can your son insure his name on the birth certificate if the mother is married to another man?

The parent(s) can put anyone's name on the birth certificate. This statement is not true in the state of Kansas. My son had a child with a married woman who was separated from her husband. In the state of Kansas the husband is always considered the father of the child. In order to get the true parent's name on the birth certificate a divorce has to take place and then the real parent has to go to court to ask for his name to be put on the birth certificate. A divorce is not needed but the biological father has to provide proof via a DNA test and show the court and then his name can be put on the birth certificate.

How does a father go about getting parental rights to visitation in Texas?

If the father was not married to the biological mother at the time the child was born paternity must be established before the court will hear any petition (lawsuit) concerning custodial rights and/or visitation. Most courts will accept a birth certificate naming the father or affidavit of such by the biological mother and father jointly. If such methods are not available or acceptable to the court of jurisdiction a paternity test is needed, preferably DNA testing as opposed to a blood test. The proof of paternity can be submitted as evidence at the time the lawsuit for custodial and/or visitation rights is filed.

Is it against the law to sleep with your fathers son who he had with another women?

Yes, say if the woman had the child then married your dad, no, but if the boys biological father is your biological father, you are related

Can the father sign birth certificate if woman is married?

if the baby his he can the birth certificate if the woman is married

Can a stepfather give consent for his underage stepchild to be married without the child's mother giving consent?

No. A stepparent has no legal authority in regards to non biological children. He or she cannot give a stepchild permission to marry, leave the custodial parent or any other legal issue. If one biological parent has sole custody he or she can give the minor child permission to marry. If both biological parents share custodial rights, both must give permission for an underaged minor to marry.

Can my wifes biological father regain custody over her after the marriage?

No, he shouldn't be able to if she is legally married. If she was underage at the time of marriage and the custodial parent signed off on the marriage and that should have been the end of parental custody.