Q: What rights would an absent father of 8+years have if he is not on the Birth Certificate and no Paternity established?
A:
Paternity can only be established via a court order (i.e. filing for paternity). The process turns on DNA tests (or mutual consent of both parents). Establishing paternity will likely trigger child support (including back support), but will also grant visitation/custody rights. The father must file before the child turns 18 (21 if the paternity is filed by the minor). Without a court order a father (proven or not) does not have legally enforceable rights per se. In other words, visitation, custody, child support, contact, etc. cannot be requested beyond the goodwill of the other parent. The parents can reach an out-of-court agreement about these matters--but these are not enforceable by a court, so either party can simply not follow some or all of the agreement if they wish at any time.
If you want to establish paternity contact a family law attorney.
A: If you are asking about rights as to visitation, custody, etc., you will need to file a paternity case to establish paternity. The court can order DNA testing. Presuming you are determined to be the father, the court can enter orders from there. Please note that the other side could potentially seek back child support for all those years, depending on the circumstances, and that child support moving forward would also be an issue in the case.
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