Report Abuse. Parents have a legal obligation to provide financial support for their children, even if a parent is not listed on the child's birth certificate. You are still required to pay child support during the time your petition is pending. If you are not on the child’s birth certificate (for whatever reason) and you want custody, the most direct way to earn custody is to get recognition as the child… In some instances, this is enough to obligate the father to support the child. Once a child's father is legally established in accordance with state law, the child's father can be required to pay child support. When the court enters the judgment you will no longer be responsible for the support of the child. If you have been ordered to pay child support somehow, either through DCS or through the court, then, you are going to have to pay child support until there is a court action finding you not to be the father and turning off the child support. She cannot make you pay her bills outside statutory child support (which is determined by a calculation based upon gross incomes of both parents and time with the child primarily). As mentioned, having an unwed father’s name on the birth certificate acknowledges his legal relationship of the child and makes him obligated to pay financial support of the child. A few days after the birth of your child, the birth certificate is ready to be picked up at the town hall or mailed to the parents. I say potentially because it must be proven that the mother intentionally wanted to deceive the alleged father. Report Abuse. In other situations, a court can determine that a person is the father because he has told others that he is the father and held himself out as the father. If a child is born while the parents are unwed, the man may agree to have is name on the birth certificate. On the custody issue, if you are not on the birth certificate, you do not "automatically" have custody rights and the mother does not have to give you anything. Can be considered a victim of paternity fraud potentially. I'm currently pregnant and have seen a solicitor about this very issue - whether to put my ex's name on the birth certificate. Establishing Paternity. Satisfy any unpaid child support owed to the other parent. A man who voluntarily signs a birth certificate and then finds out later that he is not the biological father of a child in which they signed an acknowledgment of paternity form. As discussed previously, this presumption can be challenged by the father. After birth, you agree either to have your name on the birth certificate, to support the child, or you welcome the child into your home and openly tell people the child is your own. Essentially, if you tell everyone you are the father, then the courts will agree. If you do not stipulate to paternity she can ask the court to do a DNA test to establish paternity. The only way to get out of paying child support if the mother asks for it is to have a DNA test that proves you are not the biological father of that child. Easier to acknowledge paternity & step up to your role as father. Marriage or name on the birth certificate: If the putative father was married to the mother when the child was born, and/or he has signed the birth certificate, he is presumed to be the biological father. This could help cover the cost necessities for the child’s life. You don't get a "free pass" just because the mother didn't put your name on the birth certificate. Some states do allow you to contest, or challenge, this presumption as well. She advised me that if I did put his name on the birth certificate, he would automatically have parental rights, whereas if I didn't, then he wouldn't. Support payments must continue until the court orders a judgment disestablishing paternity. For more on who has to pay child support, and how much, watch this video or listen to this podcast. The form will ask for your newborn’s information, mother’s information, and father’s information. You could have many compelling reasons to seek custody of a child for whom you are not legally recognized as Dad. If the mother takes you to court you do.