Legal Question (Birth Certifiacte) HELP!

[Kev2007]

Long story short I am expecting a child in 2 weeks, not with the mother, and she has stated she is not putting me on the birth certificate. I am going to have a paternity test done. She does not have to put me on the birth certificate legally, however after the paternity test is done and I am legally deemed the father, do I have a legal right to go on the certificate? Keep in mind this is Ontario Canada law..

Advice please.....

 

[Moet]

Long story short I am expecting a child in 2 weeks, not with the mother, and she has stated she is not putting me on the birth certificate. I am going to have a paternity test done. She does not have to put me on the birth certificate legally, however after the paternity test is done and I am legally deemed the father, do I have a legal right to go on the certificate? Keep in mind this is Ontario Canada law..

Advice please.....

If you are found to be the Father of that child and you are paying child support then you have all right to be on that birth certificate! Get a lawyer if anything....Good luck with everything

 

[Geographic]

Vital Statistics Act

Long story short I am expecting a child in 2 weeks, not with the mother, and she has stated she is not putting me on the birth certificate. I am going to have a paternity test done. She does not have to put me on the birth certificate legally, however after the paternity test is done and I am legally deemed the father, do I have a legal right to go on the certificate? Keep in mind this is Ontario Canada law..

Advice please.....

Read the Act ==> specifically s 10 where it comes down to the name of the child. I think that is what you are concerned about.
http://www.canlii.org/on/laws/sta/v-4/20070911/whole.html#BK11

 

[Kev2007]

I do appreciate your help. It does look like its going to be rough. I just wna to to know for sure that if i am legally deemed the father with a paternity test. Do I have the legal right to go on it?

 

[Sexy_Dave]

This from Section 10 mentioned earlier....

4. If the mother certifies the child’s birth and the father is unknown to or unacknowledged by her, she may give the child her surname or former surname

Please note the word "unacknowledged", if the mother refuses to acknowledge you as the father then she dopesn't need to putyou on the certificate.

I would be interested to know how you are going to manage to get a paternity test done, considering the apparent strained relationship you have with the mother, without her consent or a court order??

And respectfully Toroz, while in theory men have the same rights as women, in practice as you are undoubtedly aware, that is not the case. And to put a finer point on your last sentiment about "rights to the child", the courts do not presume the adults have rights to the child...they view it from the other direction here, the child is the one with the rights to the parents, grandparents, aunts, siblings, uncles etc.

 

[Moraff]

Well, it would only seem logical then, if she is not going to "acknowledge" the father, then he shouldn't have to pay support....but then again, our courts defy logic more often than not.

And if she is allowed to not "acknowledge" the father and he doesn't have to pay support then the system shouldn't have to give her any money either.

 

[Kev2007]

Thanks I do appreciate it I really do. I really dont get it, she is telling me i need to give her 12 cheques for the first year, and yet wont put me on , unbelieveable. I''ve never been hi, I dont smoke, I'm very calm easy going . I'm going to be a great dad, and I have wanted to be as involved as i can in this kids life from day one and its just disgusting that she is doing this.

 

[bestillmehard]

dont pay her unless you go through (crap i forget what its called)...(the agency that makes people pay support)

If you pay her and there is no record through them, when she does eventually go through them,(she will) the money you paid might not exist. It happened in my family. You will have to back pay it all again!

Parental support unit?

 

[Sexy_Dave]

Family Responsibility Office

Absolutley get a Lawyer and make sure you get her to sign a receiopt for any money you give her and in front of witnesses. Certified Cheques or Money Orders are best.

 

[bestillmehard]

Thanks Dave, I couldnt remember the proper name.
Absolutely get receipts! Too many times I have heard of men being accused of not paying when they have paid cash and not insisted on receipts. In the end some have had to pay years of support all over again.

 

[Rodster]

Thanks Dave, I couldnt remember the proper name.
Absolutely get receipts! Too many times I have heard of men being accused of not paying when they have paid cash and not insisted on receipts. In the end some have had to pay years of support all over again.

This is why it is best to make any support payments via Family and Children's Sevices not directly to the recipient spouse. If it's court ordered, pay the court and they'll pass the money on. If they don't, the issue is between the court and recipient not court and payor and therefore, not the payor's problem.

Messy and unfortunate all around.