What are the father’s rights if neither parent has full custody of a newborn?
I’m 38 weeks pregnant & no longer with the father, although we do keep in contact & he seems to want to be a part of the baby’s life. I do want him to have a relationship with our child, but I’m afraid he’ll take it too far & try to have the baby any time he wants. What are his rights if I put him on the birth certificate, but neither fights for full custody? Does he have the right to have the baby anytime, or do I decide when he gets visitation? And can I make sure that I have to be present anytime he sees the baby? Thanks!
You have equal rights as parents if you put his name on the birth certificate, now, IF you cannot come to an agreement as far as visitation, one of you could file with the courts and a hearing would be scheduled, unless there is a reason for the father to need to be supervised while visiting the baby, more than likely the court would either award joint custody, with both of you sharing legal rights, and possibly award you Primary Physical custody, meaning you would be the primary caregiver, but the father shall have periods of physical custody as well…. (sharing legal rights means decisions concerning medical care, education etc.) OR if the father is for whatever reason unfit, you could be awarded sole physical and legal custody with him having periods of supervised visitation…. It can be complicated, and depending on where you live you may want to speak to an attorney so that you are aware of what you can and cannot do. Custody battles can get ugly quickly. Best wishes to you and your little one 
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October 16th, 2009 at 2:43 pm
Why wouldn’t you have full custody? Unless you come in inebriated or high when in labor, the infant goes to mom.
As for his rights, they are what you two determine them to be as long as the courts are not involved, if he wants more and you don’t then it needs remediation via a family law court or lawyers. Yes there are ways to make sure you have to be present, but if it were me I’d not put him on the birth certificate and not let him become aware of the birth. But that’s me.
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October 16th, 2009 at 3:13 pm
If you are worried about it, you will need to get a lawyer and make a custody agreement with him. This would be the best option because everything would be in writing and can be enforced by the court.
Without a custody agreement he can’t just show up and take the baby whenever he wants. But, if you two can’t work things out amicably you will likely end up in court anyway. You might as well work out an official agreement now before it comes to that.
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October 16th, 2009 at 3:34 pm
I can only speak about Wisconsin as that is where I live, and they talked to us at length about this in the hospital.
In Wisconsin — if you are not married full custody is automatically assumed to the mother. The father has no rights at all, and will not be put on the birth certificate unless he fills out paternity paperwork and submits it. Even if he submits the paternity paperwork and IS put on the birth certificate .. full custody is still the mothers — unless you go to court and have joint custody granted by the court.
They were very clear about this at the hospital… legally my boyfriend cannot even sign a medical permission to get my daughter medical treatment even though he is the father as he has no rights to her until we go to court and have joint custody granted. And we even live together…
I suggest you find out the law in your state… it might be assumed that full custody is yours anyway as the birth mother.
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October 16th, 2009 at 4:14 pm
You have equal rights as parents if you put his name on the birth certificate, now, IF you cannot come to an agreement as far as visitation, one of you could file with the courts and a hearing would be scheduled, unless there is a reason for the father to need to be supervised while visiting the baby, more than likely the court would either award joint custody, with both of you sharing legal rights, and possibly award you Primary Physical custody, meaning you would be the primary caregiver, but the father shall have periods of physical custody as well…. (sharing legal rights means decisions concerning medical care, education etc.) OR if the father is for whatever reason unfit, you could be awarded sole physical and legal custody with him having periods of supervised visitation…. It can be complicated, and depending on where you live you may want to speak to an attorney so that you are aware of what you can and cannot do. Custody battles can get ugly quickly. Best wishes to you and your little one
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October 16th, 2009 at 4:44 pm
Well, you both have the same amount of rights. You guys would have to try and make an agreement of some sort if you can not then you should try and get a lawyer and go to court so that a judge can help you guys decide and it will be more firm the decision. Oh, I am not sure where you live but over here in NC if the father is not present with a id he can not get his name on the birth certificate. So you may want to see what the laws are there.
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October 16th, 2009 at 5:23 pm
I dont know where your from, but in uk because your not married, dad doesnt have the same rights as a married father. but he does have rights. Just the same as he has to pay. Set out a set time for him to have the kid before its born. Then hopefully everythings in place. Although i understand your apprehension at handing your baby over to him, do you have any real concerns as to him having the baby on his own? If not and you just dont want him having solo access because you dont want to be away from the baby then that is a bit unreasonable,. And to be perfectly honest , do you really want to be spending so much time with the father. The baby wont get the correct bond with its dad. And you will enjoy a bit of spare time. He wouldnt be unreasonable to ask for alternate weekends and a day or 2 through the week. The easier you two make, the happier and more secure your child will be.
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October 16th, 2009 at 5:38 pm
I know that my roommate gets 24 hours a week with his son because of how the child support agreement is set up. but when that 24 hours occurs is something both parents have to agree upon. if you plan of getting child support from the father, then you spell out how much visitation he gets in the child support agreement.
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