If a child’s father is not listed on the birth certificate does he have the right to visitation?

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If a child’s father is not listed on the birth certificate does he have the right to visitation?

He also left the state to avoid (unrelated) felony criminal charges. How can the child’s mother protect the child until he has gone to court and faced potential conviction? Does she risk her own parental rights by not turning him in?

Asked on August 23, 2012 under Family Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Until a person has been deemed a parent of a minor, he or she essentially has no rights to visitation of the minor. In your situation, if the father is not listed as the father on the child's birth certificate, he has no rights of visitation until he is deemed by a court order the father. One way to protect the child from the father is to see a family law attorney about a potential restraining order being implemented.


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