What rights does the father of a child have who is not listed on birth certificate and mother wants nothing to do with him because he is an abusive addict?

Answer 1

Whether or not the father is listed on the birth certificate is irrelevant. If he petitions the court for a paternity test and it is found that he is the father, he can pursue his rights to the fullest extent of the law. But, even if he is shown to be the father, there are still things you can do. The key is that the law grants custody and visitation by the standard "the best interest of the child." If you can provide evidence (e.g. police reports of his prior convictions... visit your local police station and courthouse and ask them how to do a background check and get certified copies... photos and police reports of the abuse he inflicted on you, anything really, etc.), that may go a long way in showing that he is unfit to care for the child even on an every other weekend basis. You want to gather any piece of evidence you can to show that his presence in the child's life is NOT in the best interest of that child. Unfortunately, there is a legal standard in the U.S. that prefers the presence of two parents over one, regardless of how dysfunctional and abusive the other parent may be. Therefore, in spite of the cost, I also recommend getting a lawyer if you suspect that the father is going to pursue parental rights. If you can't afford a lawyer, call the local bar association to get the number of the lawyer referral service in your area and explain your situation to them. They may either refer you to free legal aid or get you in touch with a family lawyer that's willing to do it pro bono (for free) or at least at a reduced cost.