by Fattie on August 11th, 2005

Fattie

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My unborn baby's father is threatening to take full custody of our child. What will happen if I do/do not put his name on our baby's birth certificate?

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Answers. 24 helpful answers below.

  • by Grandma Roses - my avatar is my real dog on October 14th, 2005

    Grandma Roses - my avatar is my real dog

    I don't know about the birth certificate part, but some fathers threaten to sue for custody as a tactic , not because they really want custody. Their motives could be to intimidate the mother (just for the fun of it) or to 'negotiate' a child support and access arrangement that is favourable to themselves.

    Your best bet in these situations is to get good legal advice from a lawyer.

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  • by shaina on November 15th, 2007

    shaina

    If you want to acknowledge him as the father then the baby will have his last name and if he wants custody he can take you to court easier with you stating on the birth certificate that he is the father .But if you dont put his last name on the certificate he will have to have dna done to prove he is the father ,but be careful not to let him take the child so soon to visit or his parents cause they can hire a lawyer with out you knowing and keep the baby until the court date to try to win physical custody .You need to establish permanent physical custody of the child before you give him visitation but if you give the child his last name he can fight for joint custody or simply keep the kid if you let the child go over there .Now also if you intend to leave him and want him to help support child then with you putting his name on birth certificate he also will sign consenting he is the dad but then can easily take the child from you and try to prove you unfit .But if you dont put his name on certificate and want child support then you will have to prove he is the father which later you can do that ordering dna.Do that after you have sole custody.

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  • by user2112 on January 25th, 2011

    user2112

    YOU obviously are leaving out pertinent info on this . But one Should wonder WHY he is "threatening" in the first place...
    Have You had Sooo many sexual partners that you do Not Know who the father is? Then DON'T put his name until after a DNA test.
    Just about All the Women commenting on this sound like Un-Educated, Ignorant and extremely jaded.
    Not putting him on the BC just makes you seem petty, and will do nothing to stop him from custody if he IS the father of said fetus. Children have a Right and Deserve to have both parents in the child's life.
    Every woman on here (that I read) assumes that:
    1. that the man is bad
    2. woman posing the question is sane
    3. woman posing the question is a fit parent
    4. woman posing the question is Not harming the fetus in the womb

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  • by OhLook - IamNoLongerAnonymous on September 1st, 2009

    OhLook - IamNoLongerAnonymous

    Well, you would be denying your child an accurate record of his or her birth, but it will haev no affect on custody.

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  • by George R. McCasland on June 7th, 2009

    George R. McCasland

    Doesn't matter either way, only Arizona grants single fathers assumed rights. He would have to file for parental rights and custody. His name on the certificate would not change that.

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  • by Anonymous on September 11th, 2008

    Anonymous

    ANY father threatening to sue for FULL custody of a tiny infant has PROBLEMS. Run! YOU are not a surrogate mother. You obviously made a poor choice for father, but you do not owe him a baby.
    I can help you with some fast facts about fatherhood in case you'd like them...
    Even if he's NOT been violent, he clearly has NO compunction about taking a child away from his/her mommy...a VERY bad sign. Even if he's been violent with you (yet)...he's in the inner predictive circle for trouble down the line. Look up "abusers sole custody" and you'll see that IF YOU STEP foot into American Family Courts right now, you'll NOT walk out without full custody EVER...see www.stopfamilyviolence.org =IF THESE moms didn't get FULL custody...NONE CAN! Asking for Child Support OR government aid is often the FIRST act leading to his beginning campaign for sole custody.

    MOST litigation involving custody is involving cases of domestic violence, and most DV is male on female (US Bureau of Justice)

    • In a review of parents referred for child custody evaluations by the court, domestic violence was raised in 75% of the cases.
    Jaffe, P.G. & Austin, G. (1995). The Impact of Witnessing Violence on Children in Custody and Visitation Disputes. Paper presented at the Fourth International Family Violence Research Conference, Durham NH (Rep. No. July 1995)



    …75% of parents referred by the family court for counseling because of failed mediation or continuing disputes over the care of their children, physical aggression had taken place.
    Johnston & Campbell, (1988), Impasses of Divorce: The dynamics and resolution of family conflict. New York, NY, US: The Free Press.

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  • by jedimaster115 on September 8th, 2005

    jedimaster115

    As to whether or not you put his name on the birth certificate is unclear.

    However, it sounds like this guy is just trying to scare you...relax. It would be difficult for him to simply obtain full custody. Most states, when considering which parent gets custody of the child in a dispute, apply a "best interests of the child" standard.

    If that sounds vague, that's because it's meant to be. Every conceivable aspect of your life can impact your child's life. Courts will often assign someone from Social Services to analyze almost everything in your life...are you gainfully employed? can you provide for the child?...do you have an arrest record?...do you have substance abuse problems?...do you have a home that is safe for a child?...do you associate with people that children should not be exposed to?...is the child comfortable around you? Some courts will even go as far as asking children (if they are old enough) which parent they prefer.

    These are some of the major questions that need to be answered regarding BOTH parents claiming custody. Once the court gets a recommendation from a social worker, they typically follow the recommendation.

    So, if you can basically provide a clean, safe, and stable environment for your child, you will get custody, and some kind of visitation arrangement will be worked out if the father contests custody.

    THIS STATEMENT IS INTENDED FOR GENERAL EDUCATIONAL PURPOSES ONLY. THIS STATEMENT IS NOT LEGAL ADVICE AND IN NO WAY ESTABLISHES A LAWYER-CLIENT RELATIONSHIP. THIS INFORMATION MAY NOT BE RELIED UPON IN COURT FILINGS OR IN OPEN COURT. FOR LEGAL ADVICE THAT MAY BE RELIED UPON, YOU MUST CONSULT A LAWYER LICENSED TO PRACTICE IN YOUR JURISDICTION.

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  • by Lollypop on September 1st, 2009

    Lollypop

    He is the father so you do have to put the name on the birth cert. BUT if he does take you to court chances are the mother (you) will get full custody (they nearly always do). Next time he says this to you, look him straight in the eye and say : Look. there are two choices here. We can have joint custody, or we can go to court where I will almost definately be given full custody. Your choice. Now please excuse me, this is stressing me out and I don't want to damage our baby".

    And then just walk away. It will so make him back off!

  • by Thriftymaid on September 1st, 2009

    Thriftymaid

    There is no reason to not list the father on the birth certificate. The father will have parental rights/responsibilities and may try to get custody whether he is listed on the birth certificate or not.

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  • by aklj65 on November 25th, 2009

    aklj65

    Not putting the father on the birth certificate, if you know who it is, and he is and has been a participative and supportive farther and will continue to be in the future is not in the best interest of the baby. Every baby has the right to know who the biological parents are! Every child needs to have a mother and father regardless if they are married or together! If society is going to continue to have "'consensual" sex then they should be bound to "mutual" respect for if nothing else the baby! How dare unwed mothers even contemplate not putting fathers name nor giving the fathers name due to personal reasons! The minute two people create a child it is no longer about what "I" want every thought and action is and should be what is best for the baby!

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  • by harmony on November 17th, 2007

    harmony

    He could still take you to court for custody/visitation. If he can show that you deliberately obstructed his rights to his child, that might not look good for you. Unless you have some serious problems (alcohol/drug addiction, mental illness), it would be highly unusual for a court to award custody of a newborn to its father.

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  • by Nicola on September 5th, 2009

    Nicola

    If you do not put the father on the birth certificate then he can still take you to court but has to prove he is the father to your child first.

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  • by feelthisname on March 20th, 2006

    feelthisname

    I'm not POSITIVE but even if you don't put his name on the birth certificate he can petition for a paternity test and then you're no better off than you were before and if the courts think you did it out of spite, KNOWING he is the father, it doesn't look good for you.
    On the other hand courts don't generally (unless the mother is completely and PROVEN TO BE unfit) take a newborn from its mother, there is consideration for breastfeeding and bonding etc.

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  • by poolsharktn on January 12th, 2011

    poolsharktn

    My advice: If the father is not on drugs real bad and you do not fear for the childs safety allow the father to be part of the kids life. Make him pay child support and go to mediation. It is not good for any kid to go thru life without his/her father. Studies show time and time again that with both parents a child is 80% more likely to succeed in life. But I know in TN. if you are not married to him he has no rights to the baby and if he takes the baby you can get him for kidnapping. He only has rights once he is on the birth certificate or until DNA proves so. Even then by default the mother automatically is the primary care taker of any newborn baby in TN when it comes to unwed parents. The only exception is if the court decides otherwise. You will need to be proven a unfit mother in order for him to even have a chance at custody. The reason it is like this is not because fathers are not as good as raising but because most of the time it is the dads that go out and work and provide for the most part, of course there is exceptions to this. I hope this helps and with you the best of luck.

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  • by poolsharktn on January 12th, 2011

    poolsharktn

    My advice: If the father is not on drugs real bad and you do not fear for the childs safety allow the father to be part of the kids life. Make him pay child support and go to mediation. It is not good for any kid to go thru life without his/her father. Studies show time and time again that with both parents a child is 80% more likely to succeed in life. But I know in TN. if you are not married to him he has no rights to the baby and if he takes the baby you can get him for kidnapping. He only has rights once he is on the birth certificate or until DNA proves so. Even then by default the mother automatically is the primary care taker of any newborn baby in TN when it comes to unwed parents. The only exception is if the court decides otherwise. You will need to be proven a unfit mother in order for him to even have a chance at custody. The reason it is like this is not because fathers are not as good as raising but because most of the time it is the dads that go out and work and provide for the most part, of course there is exceptions to this. I hope this helps and with you the best of luck.

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  • by poolsharktn on January 12th, 2011

    poolsharktn

    My advice: If the father is not on drugs real bad and you do not fear for the childs safety allow the father to be part of the kids life. Make him pay child support and go to mediation. It is not good for any kid to go thru life without his/her father. Studies show time and time again that with both parents a child is 80% more likely to succeed in life. But I know in TN. if you are not married to him he has no rights to the baby and if he takes the baby you can get him for kidnapping. He only has rights once he is on the birth certificate or until DNA proves so. Even then by default the mother automatically is the primary care taker of any newborn baby in TN when it comes to unwed parents. The only exception is if the court decides otherwise. You will need to be proven a unfit mother in order for him to even have a chance at custody. The reason it is like this is not because fathers are not as good as raising but because most of the time it is the dads that go out and work and provide for the most part, of course there is exceptions to this. I hope this helps and with you the best of luck.

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  • by poolsharktn on January 12th, 2011

    poolsharktn

    My advice: If the father is not on drugs real bad and you do not fear for the childs safety allow the father to be part of the kids life. Make him pay child support and go to mediation. It is not good for any kid to go thru life without his/her father. Studies show time and time again that with both parents a child is 80% more likely to succeed in life. But I know in TN. if you are not married to him he has no rights to the baby and if he takes the baby you can get him for kidnapping. He only has rights once he is on the birth certificate or until DNA proves so. Even then by default the mother automatically is the primary care taker of any newborn baby in TN when it comes to unwed parents. The only exception is if the court decides otherwise. You will need to be proven a unfit mother in order for him to even have a chance at custody. The reason it is like this is not because fathers are not as good as raising but because most of the time it is the dads that go out and work and provide for the most part, of course there is exceptions to this. I hope this helps and with you the best of luck.

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  • by Wynper on January 25th, 2011

    Wynper

    I am pretty alarmed by the number of posters here who seem to assume that the father of this child is some kind of monster for wanting full custody of his child.

    You all don't know why he wants that do you? Still you are advising this mother to be on how to deny him his parental rights?!? That's awful.

    Perhaps she is unfit and he is worried about the health and welfare of his child?

    There is a ton of really awful advice on this thread that reflects the crap men all over this country have to deal with to be parents. It's sad how many of you seem to think that a woman, simply by virtue of her sex, is a better parent than a man. It's sexist and sickening. You all should be ashamed of yourselves.

    To the poster: I suggest you think carefully about what you are about to do. Denying a father his parental rights, simply because you don't like him, is very sad. I should point out that you liked him enough, nine months ago, to have intercourse with him. Now you are going to have his child. Guess what...it isn't all about you. The child needs and deserves to know who his or her father is for many reasons. The father, unless he is a rapist who got you pregnant by force, has a right to know his child too.

    You can deny, run and throw up all sorts of obstacles but guess what? One day that child will ask about his or her father. Are you ready to lie to your child for a lifetime? Are you really that selfish? That angry?

    Please, you are about to be a parent...deal with it sanely and unselfishly. There are many better options than running away from the problem. For instance, if the father has issues you can ask for supervised visitation. Family courts can offer parenting classes and other options if you need it. There is help out there. Don't start your child's life with a lie.

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  • by karlaes100 on February 6th, 2011

    karlaes100

    im going trhough the same thing right now. he threatens to get help from all his family here and in Mexico to take away my child as soon as my child is born. im tired of him trying to intimidate me. what can i do? im 5 months? he is good at brainwashing people to convince them that he is the victim. he has send me to jail already once. he hit himself and accused me of doing that to him. he is the one that was violent with me that night and the police didnt even bother to take my version of the story and didn't bother to see my bruses. i feel he but me though hell by separating me from my two girls. I've never been seperated from them and this jerk has caused me so much trouble ever since i forgave him from that incident. i don't know how to get him out of my life. he thinks he owns me. he has even threatened me to kill me. I don't go to the police because i don't know who to trust or who will help me.

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  • by Acyla on July 31st, 2010

    Acyla

    Don't put the father's name on the birth certificate. If he really wants full custody make it difficult for him (and this will help you see if he really wants full custody or is just being a jerk) he will need to get a DNA test.

    If you put the father's name on the b/c it will be easier for him to get joint custody. It is very rare that a father gets full custody of a newborn child (especially if the mother is still breast feeding) unless you live in a country where the men get preferencial custody (think arab countries)

    If the father's name is not on the b/c and you want to raise the child on your own then you will not be able to get child support from him. He can get the DNA test if he wants but he will have to pay for it and then he will have to go to court to get custody. Even so it's more likely to be joint custody awarded (primary custody to the mother considering the baby's age).

    If you want full custody and him not in your life then just take your stuff and leave. Get far away from (change your name if you want)

  • by Ibon76 on August 13th, 2005

    Ibon76

    Hi!
    First, get yourself a good lawyer! If you do not put the fathers name
    on your childs birth certificate, you will have no power to collect child support, medical and dental insurance(from the father), the fathers life insurance and (the fathers) social security monies when the time comes all which this little innocent child has a right to.
    When your child reaches school age, many eyes will see that when
    asked Fathers Name, it says none. I did that when I divorced, and I looked at that and realized that I was punishing the children for the sins of their Father.
    Try and get away from him, it sounds like a very dysfunctional relationship. Get ALL the help you can, starting with a visit to Social Services in your area and be brave. You deserve to be loved too!
    "GOOD LUCK"

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  • by Nikita_K7631 on February 23rd, 2011

    Nikita_K7631

    i dont mean to be bad all of you but im goin through the exact same thing my ex is threatenin to take me to court for full custody but first he wants a dna test done b4 baby is born which im less then 3mnths pregnant... kk so i was very upset to try and hurt him which i apologised for to say he wasnt the father but now ive told him i wont take away his rights to see his baby and yet he abuses me through messages calling me a slut, a ho, a trash bag and sayin i wont be a good mother even though i told him i wanna be civil he is puttin more stress on me while im pregnant its not healthy for me n the baby n he said i dont care u started this i will finish it.... and then he told me he was to busy gettin laid soon to stop treatin me like dirt and threatenin me.. now there is a slight chance he could take me to court for a dna test for an unborn child which could lead a miscarraige to damaging the baby now if he really cared wud he be doin this no i dont think so... so for all you people saying fathers have rights me personally dont think they do in certain situations...he wont give a shit during my 9mnths pregnancy and threatenin me puttin more stress on me seriously is that a father i want my child to grow up with no it isnt. he just wants to control my life with the baby and i know this because he got me pregnant the first week of seein each other n yet he wants a say after slagging me off threatenin me while im pregnant its disgusting it truely is i can understand if fathers want to be civil but some guys dont want to be they want to control. and as for the birth cert u dont av to put the fathers name on it its ur choice n yes they can take u to court for dna but depending which state/ country it is they have to wait til 6mnths after the baby is born...

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  • by pinkbunnies on February 23rd, 2011

    pinkbunnies

    You sound petty, grow up. Don't make your kid suffer.

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  • by Anonymous on April 18th, 2006

    Anonymous

    Are you and the unborn baby's father married to each other? If not, you have 85% of the controlling factors over your child. Why is he threatening? Is something missing here? Need more info.

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