Port Allen, LA asked in Family Law for Louisiana

Q: In Louisiana, what rights does a man have that's not the biological father if he is listed on the birth certificate?

My daughter listed the man she thought was the father of her child on the birth certificate. They never married. As it turns out he is not the biological father. He is now threatening to take her to court to get custody because he doesn't approve of the new boyfriend. Can she remove his name from the birth certificate and does he have any rights to custody. He has never adopted her.

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2 Lawyer Answers

Douglas Lee Bryan

  • Marksville, LA
  • Licensed in Louisiana

A: If he is on the birth certificate, he is the child's legal father and has equal legal and custodial rights to the child, unless a court has ruled otherwise. I would suggest that your daughter consult with an attorney as soon as possible to discuss what steps she should take.

Ellen Cronin Badeaux

  • Covington, LA
  • Licensed in Louisiana

A: She needs an attorney to file a Disavowal.

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