QLD Partner's Ex Not on Birth Certificate - What are His Rights?

[Jason Rivers]

Hey, just looking for some information before we go to a solicitor.

My partner and her ex have a child together who is 3 months old. He kicked her out halfway through the pregnancy in the middle of the night and was physically and emotionally abusive to her during the pregnancy as he was and possibly is still doing drugs.

He isn't listed on the birth certificate for that reason and live in another town in Qld. He is threatening to take her to court for full custody of children as she wouldn't let him see the child when we were passing through the same town he lived in.

1. What rights does he have?

2. If he does get listed on the birth certificate what happens then?

Any answers are much appreciated

 

[Mum91]

If he's not on the birth certificate, he has no rights.

 

[AllForHer]

He has no rights, but the child has a right to know, spend time and communicate with both parents on a regular basis. The Court works to uphold this right provided it's in the best interests of the child, so unless mum can prove that he poses an unacceptable risk of harm to the child - and that's to the child, not to her - then if he takes it to Court, the Court is going to make orders that the child spend time with him.

Not being listed on the birth certificate doesn't mean much in family law. If none of the presumptions of parentage apply, he can seek a DNA test from the Court easily enough. What it does mean for now, though, is that mum isn't entitled to child support.

 

[AllForHer]

If he's not on the birth certificate, he has no rights.

This is technically correct, but only because the child has rights, rather than the father.

 

[Migz]

Sorry but I've got to ask. How do you get into a relationship with a woman that has a 3 month old baby to someone else and has only been broken up 7 months?

 

[kimsland]

1. What rights does he have?
2. If he does get listed on the birth certificate what happens then

Any answers are much appreciated

He has up to 50% rights of the baby. Regarding the birth certificate, this will be easily resolved especially when there is a legal issue happening. I suspect he'll just about be automatically placed on it. No one is disputing he is the father.

Regarding all these 'violence' accusations be them valid or not. Has he harmed the baby?

I really can't see why he cannot go for 50% rights to the baby. He cannot get 'full custody', not even the Mother could do that. Those days are gone, he'd have to be locked up or dead to have zero access.

 

[MartyK]

1. What rights does he have?

Rights to seeing the child? Rights to make decisions about the child?

At the moment, given he is not listed as the father on the birth certificate, not many.

This could easily be rectified, however, if the father makes an application to the Court. At this point the child's rights in relation to both parents would be activated.

2. If he does get listed on the birth certificate what happens then

From what I understand from the information you have told us, the father being listed on the birth certificate is not something that will be easily agreed to by the mother.

Should the father make an application to the Court, then as well as an order for DNA testing to confirm that he is in fact the father, if the Court deems it to be in the child's best interests, orders for the infant to spend some form of time with the father would likely be made.

An order for drug testing of the father, and possibly the mother too (?), if this something that the Court deems appropriate, would likely also be made where allegations of drug useage are raised.

If the mother is certain that the father is the father of the child, perhaps some arrangements for mediation with the father could be a sensible first step?

 

[kimsland]

You know the irony of 'custody' battles is, if anything ever happens to either parent (death or fulltime jail lets say) then the other actual parent gets full custody straight away. It may then be contested afterwards and lots of other things. But in most cases (I'd say just about all) even the 'drugy' abusive parent will gain full custody.

The point of saying that is, you parents should really try to compromise and not attack each other, because whatever happens at some stages throughout the child's life they will be spending overnights with each of the parents involved, and making them out to be all evil is a bit ridiculous when you're dropping your child off at the closest public area for the other parent to take full control.

Judges will make orders, recommendations, assessments and even social/health/educational orders, but the truth be told you guys should do this without being ordered to.

By the way in the extremely few cases where the other parent is so poor at parental skills that your concern is justified by court action orders, so far you haven't written anything that makes me feel they shouldn't have up to 50% custody, especially by both parents being so immature as not even getting both names on the birth certificate. A major warning sign that we are dealing with 2 immature individuals with the poor child stuck in the middle.

Start communicating and then stop communicating in about 18 years