Each state has its own laws regarding child support and paternity, but in general, a court has the discretion to order a man not named on the birth certificate to pay child support. Paternity of the father can be established after the birth. If a woman files a claim for child support through social services, the agency makes an attempt to establish paternity through DNA testing.Know More
Not signing a child's birth certificate does not completely absolve a man from paying child support. State laws are supportive of establishing paternal custody in most cases. Social services sends the named party a legal notice to appear in court for a paternity hearing. During this hearing, the alleged father can voluntarily choose to acknowledge paternity and sign legal documentation establishing that fact. Alternatively, the court can order all parties involved to take a DNA test. If the test reveals the man is not the biological father, he is not liable for support payments.
If the alleged father fails to appear in court or refuses a DNA test, the court may still rule that he is legally responsible for child support payments. Married or unmarried women who wish to receive child support payments without the cooperation of the child's father should gather as much information on the father as possible and contact social services.Learn more about Child Support & Custody
Nolo explains that a parent is not required to pay child support until he is established as a legal parent, by a paternity test, court order or other legal means. An unmarried father who signs an acknowledgement of paternity pays child support, even without his name on the birth certificate.Full Answer >
A father's visitation right is the right to see his child during prearranged times listed in a court order or court-approved parenting plan, according to LegalMatch. If either parent violates the visitation agreement, he or she faces legal consequences.Full Answer >
A father wishing to win a custody battle can help his case by paying his child support on time, establishing a strong relationship with his child, participating in school and extracurricular activities and providing suitable living accommodations for the child in his own home. Lawyer Debrina Washington for About.com points out that while courts do not discriminate, it can be difficult for a father to obtain custody.Full Answer >
One way a father may gain custody of his children living in another state is if the mother agrees to modify custody and the court approves the modification, states The 'Lectric Law Library. Only the state that first determined custody is allowed to make changes to the agreement.Full Answer >