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Q: signing birth certificate
asked by: lagringarican787 on August 26th, 2008
Experienced User
If another guy sings the babys birth certificate as the father.. does the biological father have any rights to the baby at all? can he take me to court or anything to get any type of visitation?? Will they order a paternity to make sure its his then give him rights to the baby??
whatg about if i live in Texas and he lives in OHio, will this make it harder for him to get any rights to the baby too?
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Mabel
replied on August 26th, 2008
Moderator
Any man can sign the birth certificate and he becomes the 'father' with all the father's rights. He is also going to be required to pay child support - especially if you go on state/federal aide.

The natural father can take you and the 'father' to court, he can force a DNA test and gain paternity.

Chances are, the natural father won't do anything. They seldom do. They say they will, but is costs a lot of money to file suit against someone - especially if you need to get a lawyer.
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lagringarican787
replied on August 26th, 2008
Experienced User
well the thing is my fiance wants this baby to be ours.. and even though my babydaddy wants rights, he is not ready for a child. he has no job, he didnt even graduate high school and been putting off getting hisGED... my fiance is in the army, has a house and treats me wonderful, as my babydaddy hit me and strangled me before... My fiance wants to be the father, and for this to be our baby, even though by blood it isnt his. Im moving to texas with him, because thats were he is stationed, and i will be having the baby there. So i just dont want my babdaddy to get involved. I want this bay to just be mine and my fiances. my babydaddy didnt even want the baby at first, but now hes freaking out... he told me when we broke up i couldnt even date another guy cuz hbe doesnt want another guy around his kid lol
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Amethyst_Butterfly
replied on August 26th, 2008
Active User, very eHealthy
well what I would do, well what I plan to do, is not even tell my baby's dad when she's born or anything, that way by the time he finds out he'll have to take you to court to gain paternity and those tests are painfully expensive
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lagringarican787
replied on August 26th, 2008
Experienced User
Amethyst_Butterfly wrote:
well what I would do, well what I plan to do, is not even tell my baby's dad when she's born or anything, that way by the time he finds out he'll have to take you to court to gain paternity and those tests are painfully expensive


well imma be in texas and he is in ohio... so he couldnt be there if he wanted too lol
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wildwoodflower
replied on August 28th, 2008
Experienced User
Haven't you only been pregnant for... not long? How do you have a fiance who is not your baby's father all of a sudden? Especially if he's in the army. And weren't you TTC? Why would you ttc with a man like that if you weren't going to give him any rights to his child anyways?

Sorry, seems fishy.
Also... Texas? Your location says soon to be Puerto Rico?
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kyrafaith
replied on August 29th, 2008
Supporter
Wait.. so any man can sign the babys birth certificate as the father even if he is not the babys real biological father? Im with a really great guy now and my babys dad is a creep and a bum... could my new boyfriend sign the birth certificate and then i wouldnt have to worry about the babys biological father? i know hes too poor to take me to court and my new boyfriend told me hes going to be here for me and the baby and he really loves my baby... is this a legal legitimate thing to do?
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Amethyst_Butterfly
replied on August 29th, 2008
Active User, very eHealthy
kyrafaith wrote:
Wait.. so any man can sign the babys birth certificate as the father even if he is not the babys real biological father? Im with a really great guy now and my babys dad is a creep and a bum... could my new boyfriend sign the birth certificate and then i wouldnt have to worry about the babys biological father? i know hes too poor to take me to court and my new boyfriend told me hes going to be here for me and the baby and he really loves my baby... is this a legal legitimate thing to do?


Its up to you what the birth certificate says since you going to be the one to fill it out.
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Mabel
replied on August 29th, 2008
Moderator
Amethyst_Butterfly wrote:


Its up to you what the birth certificate says since you going to be the one to fill it out.


No. You can't just 'fill' it out with any name you choose. We'd all choose some famous dude who had to pay our baby's child support!

It is a LEGAL matter, the 'father' needs to sign documents that say he is the father. This binds him to that child for the rest of the child's life. Like, say you break up with him in a year. He is legally that child's father so he will be paying child support for that child. He will also be allowed visitation, etc.

IMO, you should always make sure the child knows who their BIOLOGICAL father is.
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lagringarican787
replied on September 1st, 2008
Experienced User
wildwoodflower wrote:
Haven't you only been pregnant for... not long? How do you have a fiance who is not your baby's father all of a sudden? Especially if he's in the army. And weren't you TTC? Why would you ttc with a man like that if you weren't going to give him any rights to his child anyways?

Sorry, seems fishy.
Also... Texas? Your location says soon to be Puerto Rico?


sorry i never changed it, i was TTC with my babys father, but as soon as i got pregnant... he changed... his anger became uncontroll able and he strangled me 3 times , hit me twice, and last night punched me about 10 times, were i had to call 911 and he was arrested and is currently in jail waiting a bond trial... he faces Domestic abuse charges, Atempted homicide charges, threat charges [since he said he had a gun and will blwo my brains out" , damging my property [ broke radio and other stuff inside my car, .... tomrow mornign i find out if they charge him with all of this... i do not want this around my baby, me and him broke up 4 days afteri dound out i was pregnant... we were lightweight on and off... but i started seeing my ex again, who is a wonderful responsable man in the army, and stationed in texas and wants to take me and the baby in ... it says puerto rico because before the baby i was supposed to be moveing back to PR with my family... but im not taking my baby there...
but i dont know whats going on, my family and his family wants us to go to counciling, and anger management, and try to work things out for the baby, and drop the charges on him...
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Mabel
replied on September 1st, 2008
Moderator
lagringarican787 wrote:
wildwoodflower wrote:
Haven't you only been pregnant for... not long? How do you have a fiance who is not your baby's father all of a sudden? Especially if he's in the army. And weren't you TTC? Why would you ttc with a man like that if you weren't going to give him any rights to his child anyways?

Sorry, seems fishy.
Also... Texas? Your location says soon to be Puerto Rico?


sorry i never changed it, i was TTC with my babys father, but as soon as i got pregnant... he changed... his anger became uncontroll able and he strangled me 3 times , hit me twice, and last night punched me about 10 times, were i had to call 911 and he was arrested and is currently in jail waiting a bond trial... he faces Domestic abuse charges, Atempted homicide charges, threat charges [since he said he had a gun and will blwo my brains out" , damging my property [ broke radio and other stuff inside my car, .... tomrow mornign i find out if they charge him with all of this... i do not want this around my baby, me and him broke up 4 days afteri dound out i was pregnant... we were lightweight on and off... but i started seeing my ex again, who is a wonderful responsable man in the army, and stationed in texas and wants to take me and the baby in ... it says puerto rico because before the baby i was supposed to be moveing back to PR with my family... but im not taking my baby there...
but i dont know whats going on, my family and his family wants us to go to counciling, and anger management, and try to work things out for the baby, and drop the charges on him...


The state will pick up the charges. You don't get a choice to drop them or not.
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Amethyst_Butterfly
replied on September 2nd, 2008
Active User, very eHealthy
well my baby's dad doesn't deserve to be on there. He hasn't done anything for me, he doesn't even talk to me, I doubt he would really care if I didn't put him on there.
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Mabel
replied on September 2nd, 2008
Moderator
Amethyst_Butterfly wrote:
well my baby's dad doesn't deserve to be on there. He hasn't done anything for me, he doesn't even talk to me, I doubt he would really care if I didn't put him on there.


Again, you cannot 'put' him on the birth certificate. He will have to sign a waiver stating he is the father and have it notarized by a notary public - therefore making it legal.

A father doesn't have to do anything for you personally. His responsibility is to the child.
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Amethyst_Butterfly
replied on September 3rd, 2008
Active User, very eHealthy
I know....but he hasn't shown anyt interest in her either. Plus wouldn't he have to go to court and file for paternity and stuff in order to get himself put on there?
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Mabel
replied on September 3rd, 2008
Moderator
Yes, he would. However, if you collect any type of state aide (welfare), you will also need to turn over his name so the state can collect the monies that are due to your child. The state will then take over the paternity case to collect the child support for your child that is due him/her by law.
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lagringarican787
replied on September 4th, 2008
Experienced User
Ingi wrote:
lagringarican787 wrote:
wildwoodflower wrote:
Haven't you only been pregnant for... not long? How do you have a fiance who is not your baby's father all of a sudden? Especially if he's in the army. And weren't you TTC? Why would you ttc with a man like that if you weren't going to give him any rights to his child anyways?

Sorry, seems fishy.
Also... Texas? Your location says soon to be Puerto Rico?


sorry i never changed it, i was TTC with my babys father, but as soon as i got pregnant... he changed... his anger became uncontroll able and he strangled me 3 times , hit me twice, and last night punched me about 10 times, were i had to call 911 and he was arrested and is currently in jail waiting a bond trial... he faces Domestic abuse charges, Atempted homicide charges, threat charges [since he said he had a gun and will blwo my brains out" , damging my property [ broke radio and other stuff inside my car, .... tomrow mornign i find out if they charge him with all of this... i do not want this around my baby, me and him broke up 4 days afteri dound out i was pregnant... we were lightweight on and off... but i started seeing my ex again, who is a wonderful responsable man in the army, and stationed in texas and wants to take me and the baby in ... it says puerto rico because before the baby i was supposed to be moveing back to PR with my family... but im not taking my baby there...
but i dont know whats going on, my family and his family wants us to go to counciling, and anger management, and try to work things out for the baby, and drop the charges on him...


The state will pick up the charges. You don't get a choice to drop them or not.


who says that??? they were going to let me drop them , but i decided not to cuz he was being a jerk in court... but it was my choice... well actually my mopms since im underage but of course my mom let it to be up to me.
and my advocate also said he has no legal rights to the baby, on the certificate or not, becvause of all of this.. so if i dont want him on it i dont have to... he would have to take me to court for paternity, even if he was on it... so i got lucky there... but if he gets the help he needs, then things will be fine..
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Mabel
replied on September 6th, 2008
Moderator
lagringarican787 wrote:
Ingi wrote:
lagringarican787 wrote:
wildwoodflower wrote:
Haven't you only been pregnant for... not long? How do you have a fiance who is not your baby's father all of a sudden? Especially if he's in the army. And weren't you TTC? Why would you ttc with a man like that if you weren't going to give him any rights to his child anyways?

Sorry, seems fishy.
Also... Texas? Your location says soon to be Puerto Rico?


sorry i never changed it, i was TTC with my babys father, but as soon as i got pregnant... he changed... his anger became uncontroll able and he strangled me 3 times , hit me twice, and last night punched me about 10 times, were i had to call 911 and he was arrested and is currently in jail waiting a bond trial... he faces Domestic abuse charges, Atempted homicide charges, threat charges [since he said he had a gun and will blwo my brains out" , damging my property [ broke radio and other stuff inside my car, .... tomrow mornign i find out if they charge him with all of this... i do not want this around my baby, me and him broke up 4 days afteri dound out i was pregnant... we were lightweight on and off... but i started seeing my ex again, who is a wonderful responsable man in the army, and stationed in texas and wants to take me and the baby in ... it says puerto rico because before the baby i was supposed to be moveing back to PR with my family... but im not taking my baby there...
but i dont know whats going on, my family and his family wants us to go to counciling, and anger management, and try to work things out for the baby, and drop the charges on him...


The state will pick up the charges. You don't get a choice to drop them or not.


who says that??? they were going to let me drop them , but i decided not to cuz he was being a jerk in court... but it was my choice... well actually my mopms since im underage but of course my mom let it to be up to me.
and my advocate also said he has no legal rights to the baby, on the certificate or not, becvause of all of this.. so if i dont want him on it i dont have to... he would have to take me to court for paternity, even if he was on it... so i got lucky there... but if he gets the help he needs, then things will be fine..


This would be a case of domestic violence and often times the victim is bullied into dropping the charges - so the state will more than likely decide, in the BEST INTEREST of everyone, that they will continue the charges. The prosecuting attorney will move forward on them, even if you choose at this point not to do anything. If they don't do that, they don't have a solid case.
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Mabel
replied on September 6th, 2008
Moderator
lagringarican787 wrote:
Ingi wrote:
lagringarican787 wrote:
wildwoodflower wrote:
Haven't you only been pregnant for... not long? How do you have a fiance who is not your baby's father all of a sudden? Especially if he's in the army. And weren't you TTC? Why would you ttc with a man like that if you weren't going to give him any rights to his child anyways?

Sorry, seems fishy.
Also... Texas? Your location says soon to be Puerto Rico?


sorry i never changed it, i was TTC with my babys father, but as soon as i got pregnant... he changed... his anger became uncontroll able and he strangled me 3 times , hit me twice, and last night punched me about 10 times, were i had to call 911 and he was arrested and is currently in jail waiting a bond trial... he faces Domestic abuse charges, Atempted homicide charges, threat charges [since he said he had a gun and will blwo my brains out" , damging my property [ broke radio and other stuff inside my car, .... tomrow mornign i find out if they charge him with all of this... i do not want this around my baby, me and him broke up 4 days afteri dound out i was pregnant... we were lightweight on and off... but i started seeing my ex again, who is a wonderful responsable man in the army, and stationed in texas and wants to take me and the baby in ... it says puerto rico because before the baby i was supposed to be moveing back to PR with my family... but im not taking my baby there...
but i dont know whats going on, my family and his family wants us to go to counciling, and anger management, and try to work things out for the baby, and drop the charges on him...


The state will pick up the charges. You don't get a choice to drop them or not.


who says that??? they were going to let me drop them , but i decided not to cuz he was being a jerk in court... but it was my choice... well actually my mopms since im underage but of course my mom let it to be up to me.
and my advocate also said he has no legal rights to the baby, on the certificate or not, becvause of all of this.. so if i dont want him on it i dont have to... he would have to take me to court for paternity, even if he was on it... so i got lucky there... but if he gets the help he needs, then things will be fine..


This would be a case of domestic violence and often times the victim is bullied into dropping the charges - so the state will more than likely decide, in the BEST INTEREST of everyone, that they will continue the charges. The prosecuting attorney will move forward on them, even if you choose at this point not to do anything. If they don't do that, they don't have a solid case.
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jessamyn
replied on September 6th, 2008
Extremely eHealthy
You need to realize the hardship of signing the birth certificate... if someone who is not actually his biological father does and you two dont end up together he is legally responsible until proven otherwise in court... signing a birth certificate isnt like a report card.. why not have no one sign it? And no him doing that does not keep the actual father from petitioning for a dna test and rights to the child.
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Jaydensmommy
replied on September 8th, 2008
Advanced Support Team
I don't think it is right to have someone whom you know is not the father sign the birth certificate. I mean just because your fiance wants it to be your child together doesn't give you guys the right to just bump the other father out if he wants something to do with his child. Who knows if you and your fiance will be together forever...will he still want to be there for a child after you split up if you do especially if its not really his and he is now expected to pay child support....highly unlikely. Then this child has no father.
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