Unmarried father/name not on birth certificate

Can an unmarried father who’s name is not on the birth certificate file for a custody order? Paternity has not been established. Does he have any right to start this process?

Yes, the father could still file a child custody action against the mother alleging that he is a biological parent of the child. If the mother questioned this, she could deny the allegation and ask the court to order the father to submit to a paternity test to determine whether or not the father is indeed the biological father.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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