Barnegat, NJ asked in Family Law for New Jersey

Q: I want to know if the father does not sign the birth certificate, do they have any parental rights?

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2 Lawyer Answers
Andrew M Shaw
Andrew M Shaw
Answered
  • Somerville, NJ
  • Licensed in New Jersey

A: Yes, if that person can establish he is the father of the child, it is not relevant whether he signed the birth certificate; he will have parental rights (and obligations, for that matter).

Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: I dont know the current posture of your dispute, but I am guessing that since he is not listed on the birth certificate, you want to know whether he has any rights to visit or be involved in parenting decisions for the child.

Here is my suggestion and it comes from Beyonce's song "single ladies" where she tells the guy to put a ring on her finger instead of simply talking.

The same logic applies here. If he wants any rights to the child, then he should sign the birth certificate, acknowledge a support obligation for the child and begin paying.

If he does not want to begin paying, then you need to figure out whether you want to press for a paternity test ( by filing an application with the court to establish paternity) and have the court impose an obligation of support upon him.

Alternatively, If you think you are the biological father and the mother refuses to permit you to have contact with the child, you also have the right to file an application with the court seeking a determination of parentage and presuming you are the biological father, you will then have the rights and obligations that flow from that determination ( visitation and child support payments).

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