What Rights Does a Father Have if His Name Isn’t on the Birth Certificate?

Question by caseylstephens: What rights does a father have if his name isn’t on the birth certificate?
I have a friend who has had his daughter for the last year after her mother abandoned her at his home in Minnesota. The mother has drug problems and was detained while in MN for trying to kill herself. She ended up in AZ in a rehab. The child is 8 years old and has already had 4 open heart surgeries trying to correct a problem due to drug use by the mother during the pregnancy. The mother also has a 19 year old son who was by her parents. The daughter had also been raised by the grandparents off and on whenever the mother didn’t feel like having her. K, as I will refer to the daughter, was not allowed to see her father unless he went back to a relationship with the mother, well he tried to work things out so he could be with K and the mother went to MN. She ended up leaving and had no contact with the father or K for almost the last year. The granparents also did not try to contact anyone. Last Friday the mother and grandparents went to MN and took the child while the father was working. They had the backing of the local police because the fathers name wasn’t on the birth certificate. They took her without taking any of her medications or anything. On a side note if he isn’t the father then why is Riverside County collecting court ordered child support from him? The grandparents did make a comment about her SSI money and such and it is sad that they seem to only want K for the money they can get. So if there is anyone who has any advice I can pass on it would be welcomed. The father is distraught and has no idea where they went or if he will see K again.
he does have a paternity test pending and no they were never married.

Best answer:

Answer by JC
I think he needs to get real legal advice by contacting a family law attorney. The police going by his name not being on the BC only shows that they were taking the easy route.

Answer by Chad B
He needs a lawyer immediately. This child needs her medication and it can literally be a life or death situation.

He needs to go to court and file a petition for custody even though he isn’t on the birth certificate. Once their, hecan file a petition for a DNA test. Once it is established that he is indeed the father his name will be on the birth certificate. Next, he needs to keep track of everything concerning his kid and the danger of his mother. He needs proof that she abandoned her for a year, proof that she is into drugs, proof of everything. Tell him to fight hard and not give up because this is his child.

If he doesn’t know where the child is, he needs to to go to the local police dept immediately and put out an amber alert after explaining the situation about her medication and everything, i would consider that kidnapping.

First things first, he needs a lawyer today. Might cost a lot of money but his kid is priceless.

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