Does my ex have custody rights?

Question

does my ex have a right to take me for a custody petition if his name is not on my daughter's birth certificate? and he has no parential rights right?

Answer 1

if his name is not on the certificate, until a dna test is done he has no rights. my ex tried this lil trick. didnt work! until paternity is established, he has none.  

Answer 2

If his name is not on the birth certificate and if you were not married to him at the time of her birth (which would make him the presumptive father), he will have to establish paternity first. Leaving his name off the birth certificate does not automatically deprive him of his rights. It means that he will have to ask for a paternity test, if you deny he's the father, or if he suspects he is not. If you acknowledge he is the father and he does not contest this fact, he has all the rights in court regardless if you left his name off her birth certificate.

Answer 3

Both parents have rights.  If paternity has not yet been established for a child not born of a married couple, either parent can petition the court for a determination of paternity.

The court is obligated to act in the best interest of the child.

You should consult your attorney immediately.

Answer 4

He has rights. When he takes you to court for custody or access, he can simply also take you to court for a declaration of parentage as well.

Even if he isn't the child's father he can still have loco parentis rights, which essentially means he stood in the place of a father and therefore has the same rights and obligations of a father.

Answer 5

He will have to prove his is the father and if he does that then yep he has all the rights you do. Unless you can prove him unfit.  

Answer 6

He does have parental rights unless the court has taken them away from him.

He can ask the court for a DNA test and then the court can order him on the birth certificate if he's the father.

Yes he has rights.

Answer 7

I don think he does i have a daughter and i have her dad has no parental rights has he tried to be there for her i think what it comes down to is not to let him i think you have the upper hand