Do I need to file for custody if there are is no dad on the birth certificate?

Please post anonymously. I have a daughter, and She is 3. There’s no dad on the bc, nor is there a dad in any way. But do I need to file for custody even if he’s not there? Or does it even matter? Idaho is the state I’m in if it makes a difference. And if I do go to file for custody, what happens then?

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As long as you don’t think the Dad will randomly pop up and ask for custody, I don’t think you should worry.

You’re the child’s mother, why would you need to file for custody if you’re the only parent?

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Does the father know he’s the father?

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What’s the reason for no father’s name on the BC ?

if it’s your kid and there’s “no dad” you would not have to file for custody of your own child. Now, if a dad miraculously appears, and wants to fight you—you’ll have to. Or, let’s say you apply for state assistance on this kid—then you HAVE to name a father for them to go after…or you won’t get the assistance. So, work, don’t apply for benefits, and it will be ok, unless someone tips him off

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No. You are the only parent. You already have custody

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Na i wouldnt worry bout it. If he isnt on the bc then dont worry ur self. Just enjoy ur time with ur 3 year old

I don’t have anyone listed on my daughter’s birth certificate as the father and I’ve never had any problems. I didn’t file for custody. I figured I have full custody, because it’s been me since day one of the pregnancy.

Mothers have primary custody unlessed married to father or court says otherwise

No dad on bc, no you dont need to file for custody

  1. I would file for custody regardless. In EVERY STATE, a parent has 50/50 custody of the child. Should he pop up, you have complete control.
  2. As for him not being on the BC, I’m not sure how that goes…

Still. File for complete full custody. If you know the father, then courts will put a public notice in the paper for him to step up or he will lose all rights.

In short. FILE CUSTODY!

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No, you dont need to file for anything. Unless the father files against you then you have full legal and physical custody, forever.

I live in Idaho. If he takes off with the kid and he not on bc then he can get charged with kidnapping but state of idaho you do not need a father on bc unless you are wanting child support. And you have full custody of your daughter he has zero right to her. Sharla Maree in Idaho if you think is best to keep father away and him not on birth certificate he has zero rights to the child unless you want him to be she does not need to file for custody because she has all rights to the kid he has none

If you have the child why would you need to file for custody? If there is a man that knows he’s the dad he could come and get DNA then get rights to said child. If you’re just being vindictive and keeping the kid away then it’s a whole other story. Is there no further details on this? It would help receive a better answer I’m sure.

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I live in Idaho and didn’t have to do anything. No dad on birth certificate and my sons 4 no issues

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Filing for custody, they would establish paternity first … that could prompt the father to get involved

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You can always get free legal advice from a lawyer. Some lawyers don’t charge for giving out advice.

My x isn’t on bc for my daughter because he challenged paternity after leaving me when I was pregnant. It came back that there was one trillionth of a chance that she was not his, left bc because it was forty dollars to fix and I don’t feel the need he doesn’t know her anyway.

These posts get more and more lame by the day.

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The best thing to do is contact legal aid in the state you’re actually in. State laws differ and every situation is different.

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These are questions that you need to ask a lawyer. If the potential father is trying to inact his rights for visitation. He would first have to establish paternity. (I’m not an attorney, I’ve just witnessed a friend go through this) however, if you want child support, you need to name the father. A paternity test has to be performed.

If your not wanting to do any of that stuff. Than you don’t have to do any legal things with the courts.

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U should be asking a lawyer these questions. They know the law🤷‍♀️

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Alexandra Lynne Troxell - quit trolling this post ALOT of if not ALL of the questions ARE RELEVANT that you’re saying arent

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Went through this in CA so even though there is no father listed in legal terms he would be considered the presumed father. If it has been 1 year in most states with no contact including no payment of child support you can file for abandonment. The judge made me put out a ad almost to try to contact him and he didnt respond after 6 weeks so my husband was able to adopt her as his. But he would still not be considered the father unless a dna test is done. I would still file.

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Check your states involuntary termination of rights law. In Ohio, rights can be terminated by the state if a parent is completely uninvolved from birth. You may be able to have his rights taken away before he even gets them.

If no dad on BC you don’t have to file custody cause there’s no one to fight for custody with. You can also still get benefits with no dad on BC. Idaho is a mother state but if you start custody papers they will do paternity test to find dad then you might have to do joint custody or visitations.

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If you file dad gets an opportunity to claim the child and possibly share custody. If he’s not in the picture and not on the bc, i wouldn’t file anything. Also please consult a laywer, as nobody on here can give you accurate legal advice.

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Who you filing for custody against, if there’s no dad involved then that child is yours until one shows up and trys to take on the responsibility of a father but then there will have to be a paternity test done.

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You already have full custody

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Dont do it leave well enough alone

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Even to get her a passport, you won’t need anything but you!

Yes if your child called him dad it happen to my daughter . He visitation of their child . The court said he calls him dad .

Sorry missing the word got .

If there is no dad in pic or ever was then you already have full custody! You can always say you don’t know who the father is and leave it at that, most will leave it alone. BUT if the father was in the pic and knows of the child then he has a right to know and to make the decision on being there! Not knowing a back story it’s hard to comment but if he’s not a good guy let it go and do as you see fit for your child!

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If there is no Dad on the birth certificate he actually has to file for a petition of paternity to be put on the birth certificate and for him to have any rights.

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If u already have custody n nobody is fighting you for her then no…if ur trying to get child support you have to go threw courts who will locate father for dna test u have give names of possible men then yes ud fight for custody

The father, regardless if on bc or not, could potentially file for a custody hearing, in which time he will have to have a dna test done, through the courts, and they would have to award him custody to revoke your rights or partial of your full custody. But that doesnt matter if you go file for custody now, (which technically you have now anyways with out even filing), the father could still try for custody if he chose to regardless if you do or do not go and file now. Best thing I can say on the information that was given, is go and talk a good lawyer. Alot of lawyers do a free consultations. That way you will know all your rights and whether or not it would be a waste of time and money to file for custody. If you do file for custody, they may want to find the dad and have him sign over full rights regardless if he is on the BC or not. But the way you have it now without filing and him not on BC, if he gets child without being awarded partial/full custody, he can be charged with kidnapping. Also, just want to add that since we do not have all the information, like do you know who the father is? Is he a bad or good person or do you know at all? I am all for moms protecting their babies but at the same time i hate seeing a good dad not see their child because the relationship between mom an him didnt work out, or it was just a one night stand kind of thing. By giving my opinion on the situation without knowing more about the dad, i truelly hope and pray you are doing this for the best of your child. If you are, which is what it sounds like since you are going through so much to insure your child stays with you, then honestly go talk to a lawyer! Thats the best advice! You need to know for sure the laws for your state and what ever state dad is in and find out what the best course of action for you to take for your child is!

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Also, as some has pointed out, and since you put paternity test. if you are trying for child support, then he will have to get a dna test. In my state, idk about yours, but the child support is totally different then custody. In my state you can have full custody and he can sign over rights and still has to pay child support.

Why are u worried abt custody if no dad is around? Live ur life

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No child support filing? Leave it be. You have custody. The man would have to bring it up if he knows about the daughter. Just go about your lives. My sister knew the father of my nephew. Not on BC but the man paid for all her medical care while she was pregnant. They left it at that. No support, no nothing they went their separate ways.

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the dad would have to know about the baby, want the baby and fight for the baby to get share custody. Has the dad indicated a preference for involvement? Does he even know about the baby?

If you’re looking to sever paternal rights, you need to put out a John Doe newspaper ad.

If the potential father is looking for custody or rights, he has like 30 days to respond to the ad (in the newspaper). If you do this, you have to make valid attempts to notify and contact the father. And usually when you do, you also have to have a second parent who wishes to adopt the child or be filing for government benefits to which the state wishes to seek the paternal parent for child support.

If there isn’t a dad on bc theres no need to

You don’t need to do anything. You automatically have full custody of the child if you weren’t married when the baby was born. Men legally don’t have any rights to their children unless they are married at the time the baby is born, or they file for custody. You as a mother don’t have to do anything. By law you are the sole care giver and have full custody as soon as the baby is born and has a birth certificate.

Yes, as Lea pointed out, this is true in Idaho. The rules in Idaho are twisted and much different than most other states, however, in your case, without having anyone else of the bc, the ‘father’ would have to file for custody or visitation anyway.

If their isn’t a dad in the picture or on bc then theirs really no reason to unless your trying to get child support. Then they will have to get a DNA test done and then I believe he can get on bc.

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Are you trying to get child support?

Paternity typically had to be established first

You automatically have custody, if you want child support you have to file for paternity

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You have custody. He has NO rights to her, unless he proves paternity in court. He can petition you to have his name added, but he would have to start that paperwork through the court system.

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Ok…there are a few different scenarios to consider.

A) if he is out of the picture, with no chance of coming back later to disrupt her life, and you aren’t interested in child support…dont sweat it. I was in your position with my daughter…she is almost 15 now, and I’ve never had an issue. We’ve lived in 4 different states now…no problem. If you need state assistance, they will automatically ask who the father is…they try to recoup some of what they cover through child support. If this puts you at risk, tell them so.

B) if you plan on seeking child support, or if there is even a small chance of him returning to disrupt…or is a threat in any way down the road…you need to file. You currently HAVE custody, but legally he has as much right to her as you do. For example, if he decides in 2 or 3 years to pick her up from school unannounced…they cannot keep her from him without a court order. In that sense, you protect your baby by having it in writing. I have seen this play out also, without the court order it is ugly…and so hard on the child.

Each situation is totally unique, and you know best what the long term risks are likely to be. I generally recommend taking a deep breath and asking yourself what MIGHT happen if he reappears in 5 years. Your call momma.

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Hopefully whoever her father is was given the option to know her if not. Shame on you if so. You have full custody already. If you want support father would establish paternity get visitation and pay you

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You automatically have “custody”. She’s your child.

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If you already HAVE custody then why would you need to file for custody??

No you already have custody, just file if he happens to come back into the picture

He has no legal rights until paternity established, I think

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And make sure it states in those docs that you are her “custodial parent”

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Many people think women have automatic custody but that’s not true. Until a custody hearing comes before a judge anyway. That’s why school systems ask for these and any papers from court stating a parent is not allowed around a kid. Without it, how ya gonna prove its your kid? And, most states now only do joint custody unless there are dire circumstances. My son went through it this year with his baby mama. She thought she would get full custody but she did not. My son has equal rights to his kid. So, all decisions were hashed out in a meeting and both had to agree.

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Question for a lawyer

File for custody in case he try’s to step in to picture

Yes Legally ur child is called a warden of the state They leave u alone unless something goes ari
I found this out years ago the hard way if u are unmarried and have a Child technically the state has custody not you and they can will just take if they find reason too For the security of ur child file

You need to see what state laws are. Normally no dad on birth certificate means you have full custody.

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Depends on the State your in. Check with legal aid.

You have full custody unless the father can prove through a DNA test that your child is his in which case he would have the courts alter the child’s birth certificate to reflect him as the father and then custody proceedings can begin from there.

You already have full custody. There is no father listed on my daughters and she is 10 about to be 11 next month. The only reason you would have to file for custody is if he is wanting to have his rights and wants custody. If he is no where around you have nothing to worry about! No need to file for something you already have…

You have full custody unless a father claims his rights An files a dna test with the courts an claims his rights

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