As long as you have a test proving paternity, you have full rights. My daughters father is not on her birth certificate, but has a paternity test. He can have visitation and such as we decide fit. ---- But, only after a court order is established. With the exception of Arizona, under all possible circumstances, including long term cohabitation, a single father has no assumed rights to the child without a court order.
Yes, but paternity must be established first.
the bio-father still has more rights as obvisouly he is the true father
The right to petition for custody or visitation and the right to pay support. [Paternity must be established before any discussion of rights or responsibilities.]
The birth certificate is not something that gives him parental rights, he have to go to court for that and prove it by DNA test. A birth certificate does not require DNA so it does not hold up in court. So yes, if he has gone to court he has rights.
the right to petition for custody or visitation and the right to pay support. [Paternity must be established before any discussion of rights or responsibilities.]
Yes, if/when paternity is established.
the right to petition the courts for a determination of paternity and, following such a determination, the right to pay child support and have contact (visitation) with the child
Possibly, if he sues for paternity and wins.
see related link
none, must file in court for paternity test and start request for rights.
You don't say which of the parents that are incarcerated but their rights to the child comes first. If the father is not in the birth certificate and he has not established paternity to the court so he can petition for visitation or custody and also pay child support, there is nothing that legally says he is the father. Then the maternal grandmother would have a better chance. If the father is not in the birth certificate but he has established paternity to the court so he can petition for visitation or custody and also pay child support, the chance should be equal.
In the US, generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order. In the UK the father has no rights if the fathers name is on the birth certificate or not. The father has to "exercise" his rights in a court of law either way.