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Can a mother stop a father from seeing his child? if his name is not on the birth cerificate?
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Can a mother stop a father from seeing his child? if his name is not on the birth cerificate?

he can't prove he is the dad. does he have any rights for contact with his child? (uk)
Additional Details
what about if the mother efuses to co-operate with DNA test?


Technically a mother can deny a father seeing his child but not once the courts are involved. The question here is should a mother ever deny the rights of a child to see his/her father. Unless this would place the child at risk then the answer is always no. No matter what has gone before between the parents remember that it isn't the child's fault and the mother should never use the child as a tool of punishment for the father. If the mother is mature enough to bring a life into the world then she should be mature enough to deal with the situation in hand.

Yes she can do that. If the father's name is not on the birth certificate legally he hasn't got any rights. He will have to take her to court and use DNA as evidence to prove that he is the father.

Barry G
Why would you refuse the DNA test unless you knew he really was the father, and if is, then he deserves the rights to see his child - unless for the childs welfare a court has denied access.

However if he is wanting to see his own child unless you have very good grounds and reasons for him not doing so do you think you are being fair and being fair to the child.

yes - dna

Graham I
Where his name is not on the birth certificate AND he was not married to the mother at the time of the birth, then he has no automatic access rights. He can however petition a court to grant him parental rights, and can insist on a DNA test. If this is negative, then the court may decide to deny him access rights, even where he has previously been contributing to the child's upkeep. However, if positive, then it will be just like any other custody dispute - the father can ask for access and if the mother argues against this, then it will be up to the courts to decide.

As with all aspects of family law, if you can agree a solution, this is always cheaper and easier for everyone than taking it through the courts - only go that route when you really can't find an acceptable compromise. One aspect of voluntary access is that it's up to you to set the rules, so it can work in your favour to offer something rather than refuse and let it go to a legal process.

Is it ethical?

He can demand a DNA test to get the proof and then she can't legally stop him. If she does, he can take it to court and let the court decide.

She can't refuse if such a test does not put in danger child's live or health. As long as it is a judge decision and investigation is open she must cooperate.

Amanda K
If he is not legally the father he has no rights.

No medical tests can be done for non medical reasons without the consent of the resident parent.

Legally you are in the right, but are you morally right to take this view?

College Student
Not sure about in the UK but here in the states he has no rights if his name is not on the birth certificate. Unless he gets a court order to prove with dna he is the father and that its in the best intrest of the child which is rare.

Temporarily maybe until DNA comes into play

Sad Eyes
Yes, I'm afraid she CAN stop you/him, BUT you/he have an Ace in the hole, take HER to court and demand a paternity test, if the test proves you/he are the father UK laws demand your/his name be put on the birth certificate, sadly there is a downside, without DNA proof, you/he has no rights. I know this because my middle son is career Army and spent 2 years in the UK, he was entangled in an almost identical situation that took nearly 6 years to resolve. I wish you/your friend ALL the best in the world, children should know and be loved by BOTH parents.

If he cannot prove he is the father, then the mother is capable of denying visitation rights. However, it is possible to be forced into DNA testing if he wishes to claim he is the father.

If it came to this, and he was deemed to be the legal father, then he could file for some sort of custody agreement. Without good reason, most courts would allow some sort of visitation rights.

If you were married when child was born then he has rights, if you were not then unless he signed a Parental Rights form when you registered the child's name -which sounds unlikely as he is ot named on certificate - then no he has no rights to the child. Tough on him but it is to protect the child. You can't be forced to have the child take a DNA test either, not unless he has a damned good argument to prove child is his and he gets a judge to order it.

i dont care how bad he is let the father see his son

why should the mother have all the rights what if he took him away from you how would you feel

(if this about your child)

ask your self that

seriously think about this are you doing this for the child. or revenge against the dad?? if he is a bad dad then i sympathise with you wanting to protect your child but if its revenge then its not right , it may seem like it at the moment but only you can know if he has been a good father or not

Evil J.Twin
I'm not too sure how it works now. I know my ex has no rights at all over my son but my current partner has "married" rights over our baby because the new rule came in. I think if the father's name is not on the birth certificate, or even if it is and the child was born before the rules changed, then the father has no rights at all over the child. Saying that, he could still go to court, etc. to gain access and if there is no reason why he shouldn't have then the court will probably grant access.

yes the mother can stop visitation rights until the father can prove the the child is his, the main concern is when the child gets older and wants to find his biological father, it is so easy these days with the help of DNA, what will the mother say to the child why she has not let the him see his father,the tables could turn and the child could finally hear the fathers side of the story and end up hating the mother,maybe thats something to think about...

Daisy the cow
If his name is not on the birth certificate he is unlikely to have what is known as parental responsibility (ie a legal right to be the child's parent). He can however demand a dna test which will establish if he is the father (ps I'm not assuming he isn't - this is a formality and he would have to do this) and if it establishes he is he dad, the next step is that he has to apply to court for either exclusive or shared parental responsibility. A court might also grant him some visitation rights in the interim until this could be established. You should discuss this with the citizens advice bureau or your solicitor. If you have a social worker i would also discuss it with them.

He can get a DNA test, although it would prove costly and time consuming, would probably have to go through the courts.

The question should be if the mother knows who the father is why would she try so desperately not to allow him access?

You can go for DNA

Is he paying anything towards the childs upkeep?

Has he a history of abusing the mother?

yes he could take you to court and get a DNA test done if it comes out that he is the father then you have no choice but if i was you and you know that he is the father of your child then let him see his child,my mother kept my dad away from me and i hated her for it now i don't see my mum or dad

it has nothing to do with whose name is on the birth certificate.if he can prove (DNA / blood tests) he then has paternal rights unless dictated otherwise by a court of law.If you know he is the father then allow him access to his child.remember the child always comes first and should NOT be a pawn because of conflict between the parents

Yes, she can, but you can prove that you are father by DNA test.

Sally J
A child has the RIGHT to know its father. Whatever has happened between the mother and the father is between them and should NOT involve compromising the childs welfare.

I suspect that if he is 100% determined to see HIS child then he will go to court. The court will listen to what both parties have to say. I would imagine that if they determine a DNA test is required, then the mother will have no choice.

When the results are available, everyone will be sure.

The only way the mother is going to prevent any access is if she can PROVE to the courts that the welfare of the child would be seriously compromised because the father is a REALLY bad person - like a paedophile, murderer, drug dealer, alcoholic - and cannot possibly look after a child. They might however grant supervised access.

In the UK if the mother and father of the child aren't married, the father has no legal rights at all.

Mr curious
She can, but then remember, she is the one responsible for that child having no father. When the child grows up knowing what the mother did, then she wont see her child again.

I think it is in the best interest of my three children not to see there Dad. cause if left them in Feb and seen them once in three months. he came to Ohio once and Didnt bother to stop or call them while in was here. it is doing emotional damage to them. so i want him Out of there lives because its best for them.

how can a mother of my first child take the rights away from me with a faults ppo.

I need help,is the mother has no right to claim the DNA test result..?My son and his father do the DNA test last September 2009 and until now we still don't get the result because they say only my son's father who can claim the DNA test result.But my son's father is in America and cannot able to come back here yet.I only receive a piece of report who tells that the DNA test result are not match and that my son's father is not my son's biological father.This single paper ruin my life and my son's life.I do not know what I am going to do I know he is my son's father I don't understand how this things happen.Please help me...I feel a huge of pain because of this,because since I get a report I send it to my son's father since then,my son's father keep calling me liar,but we both don't see the result yet.I feel pain every time he thinks his son is not his son.Now I let him believe his not my son's father because I can't take it anymore to be called a liar.Help please...I just want to get to see the DNA test result.

dot Riley
my son is seperated from his partner and they have a 2yr old son together but his name is not on the birth certificate, since they seperated she has met and become pregnant to another man, when the baby was a few months old she used to take the baby to see my son but because he went to prison she stopped going to see him with the baby he has asked her lots of times for photos of him but she wont send him any, she will only let me see the baby while he is with her, my son has a 15yr old daughter from a previous relationship who lives with me and she has only seen the baby 2 or 3 times since he has been born, in the beginning my sons ex partner told me that she would bring the baby reguarly to see us as she wanted him to get used to us but she stopped doing that and when i get in touch with her to ask if we can see him she always has an excuse to give and its always that the baby is unwell and when hes better she will bring him but this never happens and i always have to contat her again, even when i ask her if i can pick the baby up and have him for a nour so my grandaughter can see him she refuses me saying that he would scream if took him because he doesnt know us but how will he get used to us as she wanted him to if she wont bring him to see us and she refuses me to pick him up for a little while, what am i supposed to do now can anyone advise me please??????????

i am in the process of stopping my ex husband seeing his children due to the fact that he is a violent bully and gets his family to threaten me. he also get his girlfriend to ring my edest and threaten her with the social services and telling her that she is going to get my children taken of me because im a bad mum. ive brought my children up almost single handed since they were all born. he doesnt pay maintainence and only has them overnight when it suits him.

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