What if my daughter’s birth father is not on her birth certificate but he is currently seeking rights to her even though he is completely unfit?

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What if my daughter’s birth father is not on her birth certificate but he is currently seeking rights to her even though he is completely unfit?

Does he have any rights to her since he is not legally her father? And if so, what are those rights? Also, if it comes down to having to take a paternity test, will that automatically put him on her birth certificate?

Asked on November 29, 2012 under Family Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You sound very panicked here so you need to take a deep breath for a second okay?  From what I understand of your question he is seeking to establish that he is indeed her legal parent (called parentage) and if in fact that is done, he will have the same rights legally as you under the law.  He would then petition to have his name added to the birth certificate (an amended birth certificate).  However, if it is true as you claim he is "completely unfit" then I would STRONGLY suggest that you seek legal help in limiting his visitation and custody in the manner appropriate for the situation.  Good luck.


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