** We are not a legal office and you may need to seek out legal counsel to determine exactly how the state laws will affect you.

May the mother leave the father’s name off the birth certificate?

The mother usually has the option of putting “unknown” or “refused to state” in place of the father’s name.  However, leaving the father’s name off the birth certificate will not prevent him from bringing a paternity action to establish his right as the father and have the birth certificate amended.

Does the mother have to tell the authorities who the father is even though his name does not appear on the birth certificate?

In order to receive any public assistance, the mother will most likely be required to provide the authorities with the name of the father and his last known address. The authorities may then seek to be reimbursed by the father for the child support paid to the mother by the state.  If the mother is unwilling to provide the father’s name, she will usually be ineligible to receive benefits.

If the mother wants to receive child support from the father, what should she do?

The mother should immediately begin a paternity action to establish the father-child relationship and determine child support payments and a visitation schedule.  This action can be initiated before the child is born and if paternity testing is necessary, a test sample can be taken from the umbilical cord at birth.
The local District Attorney’s office may help her with her paternity action even if the child’s is not receiving public assistance, or she can retain her own attorney.  In addition, the mother can ask the father to sign a “Declaration of Paternity” form, which is usually available at birthing facilities and the district attorney’s office.  If the father voluntarily acknowledges his paternity by signing this form, a presumption of paternity is established which creates the basis for obtaining a child support order.

The mother should be aware that along with child support, a visitation order will also be issued.  She cannot expect to get money from the father without also expecting that he’ll be awarder visitation rights, unless for some reason the court believes visitation is not in the child best interest.  However, if visitation is awarded it is then his choice whether he wants to invoke that right or not.

To the same extent, if the father wants to be involved in his child’s life, yet the mother has left his name off the birth certificate he may go through the above steps to prove paternitiy.

If the father is delinquent in his child support payments, may the mother stop his visitation? Or, if the father ceases visiting the child may he also cease paying child support?

No.  Child support and visitation are independent rights of the child and are not contingent upon each other.  Even the custodial parent’s interference with the noncustodial parent does not affect the latter’s duty to pay child support.  The law recognizes that children should not be left without support because of the misconduct of a parent.
Since child support and visitation are independent rights for the benefit of the child, neither can be legally denied because of the misconduct of one or both parents.

May the mother and father write up their own agreement regarding child support and visitation? 

Yes, but a court is not bound by it.  Therefore, if one of the parties breaches the agreement, the other party cannot enforce it unless a court has adopted the agreement by court order.  It is not a bad idea to try to come up with an agreement and submit it to the court for approval.
The child, however, has independent rights to establish a parent-child relationship with the father and to enforce the father’s duty to support.  Therefore an agreement between the father and mother cannot waive the child’s rights.

What rights does a father have in relation to adoption?

Generally, the father has due process right in regard to the adoption of his child, which include receiving notice of the adoption proceeding and being given an opportunity to consent to or contest the adoption.

If no father is listed on the birth certificate, the mother must to go to court and state why she does not know who the father is; simply not wanting to tell the father or have him be involved will not be accepted by the court.