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Ellen
Ellen, Lawyer
Category: Family Law
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Experience:  25 years of experience helping people like you.
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Can I have the father of my unborn child sign off his rights

Resolved Question:

Can I have the father of my unborn child sign off his rights to the child since we have never been married and he won't be paying child support?
Submitted: 6 years ago.
Category: Family Law
Expert:  Ellen replied 6 years ago.
Hello,

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

Parental rights do not exist until after the child is born and therefore cannot be signed away until the child is born


However please note that absent the establishment of paternity, an unmarried father has no parental rights as he is not legally recognized as the father.


When a child's parents are unmarried the mother has sole custody unless the father takes some action to establish his paternity. If no paternity is established, the father has no rights to see the child.

Only if paternity is established, do both the father and the mother will have equal rights to custody of the child.
Customer: replied 6 years ago.
So legally when the child is born the father will have no rights to the child? What does it mean if the father is NOT on the birth certificate in a child support situation?
Expert:  Ellen replied 6 years ago.
So legally when the child is born the father will have no rights to the child?
correct

What does it mean if the father is NOT on the birth certificate in a child support situation?
no child support as the father is considered a legal stranger until paternity is established
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