Question:
I am currently being told that I am the father of a child who was born out of wedlock and am debating my options on whether to sign the birth certificate.
What rights can I expect to receive by signing, or not signing, my alleged child’s birth certificate?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska divorce laws where I am licensed to practice.
I would first caution you very strongly to pursue a paternity test, as no one but the mother (and sometimes not even she) can know without a doubt who the father of a child is.
Generally, putting your name on the birth certificate does not immediately confer paternity, though having your name on the birth certificate can often be used as a form of proof regarding the same at a later date. Your name on the birth certificate would not guarantee you any visitation rights.
Most states require a legal finding of paternity (either through the joint admission of the parties or a genetic test) before a requirement of child support can be made.
If your name is not on the birth certificate, you are still not protected from future claims of paternity or child support. A claim can be brought in the future to establish paternity and request that child support be paid.
Aside from the issue of the birth certificate, there may be important legal rights that you should protect, or are inadvertently waiving, by not pursuing a conclusive finding of paternity.
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Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Nancy Shannon, contact Cordell & Cordell.
Hello my mother and I have custody of my daughter but the mother was told she has to sighn the birth certificate but she gave up all her rights so y would she have to sign it