father dating my childs mother do i have legal custody

[adstaples]

my girlfriend and I recently had our first child. The hospital said that my name will be on the birth certificate, but only the mother had legal custody of our child. They said I would have to get a DNA test to get joint legal custody.

So my question is. Do I have the same legal rights concerning my child as my girlfriend does? Or do I have to get a DNA done first?

 

[MorgansDaddy]

If you testify under oath that you ARE the father, you will not need a DNA test. That would be done when paternity was disputed.

You do not have the same rights as the mother, and your name being on the BC does not imply rights. If you are with the mother, there is no issue. If you are now separated, you need to petition for custody and / or visitation. In court, paternity will be established and the judge will decide how custody is awarded, and THEN you will know what rights you have.

Say if she wins full physical custody with joint legal custody, you will still have the same rights once it is ordered. Unless one of the parents does something that is pretty bad, full legal isn't all that common. With that said, there is no way to predict the outcome of any court case because no one can read a judge's mind or know the future.

 

[army judge]

As the alleged putative father, you have no natural rights.
If you wish to ensure you can see your child with minimum hassle, get a court order. Put it in writing and under a judge's signature.


Whatever you do, get a DNA test. You want to know the truth, not a rumor. Trust, but verify.

 

[adstaples]

the mother and I are still together. However, I remember a nurse at the hospital saying, that by having my name on the birth certificate I have paternity, however only the mother has legal rights. The nurse then said that if I wish to seek legal rights as well, I must have a DNA test done first. I live in Indiana and I am unaware of my states laws regarding this.

Does the information above seem correct? Also, what is the difference between paternity and legal rights pertaining to our child.

 

[MorgansDaddy]

You can't establish legal rights until you establish paternity. Signing a BC doesn't establish paternity.

If you are with the mother, you will be making decisions together so it doesn't really matter unless you and the mother start having problems.

If you have any doubts even in the slightest, it would be smart to do a DNA test when you went to establish paternity, if there is no doubt and you are comfortable with that, you don't HAVE to do a DNA test. It is a merely an option that a lot of fathers exercise to make sure when they aren't 100% sure.

 

[army judge]

OP, more than 50% of marriages fail annually.

Relationships, sheesh, I expect 90% of those fail monthly!!!

That said, do yourself a favor, get a DNA and establish a joint custody order.

You have no legal rights to a child you sire out of wedlock, zilch, nada, none!!!!

You shoukd also address support for the child.

You need a will, too!!!

What if you were to die?

Have you provided for your child?

There are many more problems when children are brought into this world out of wedlock.

Research paternity rights & responsibilities in Indiana.
Google it!!!
That's your kid, sir!!!