What if the father is not on the birth certificate
The father's name on the birth certificate only shifts the presumption of paternity. That is, if nobody challenges it, it is assumed that the name on the birth certificate is real.
Therefore, as a matter of practicality, he has no rights if he doesn't request them. He would have to prove his paternity before he was able to pursue any other action.
However, if he successfully proves that he is the father and that you knew he was the father, you are now obviously guilty of misfiling state records. That is, you lied to the state.
If he chose to do that, then legally it would be an almost level playing field (you and he would have equal rights) with issues of fact swaying things one way or the other. One issue of fact is that you lied to the state on the birth certificate. Another issue of fact is that you have already gone through whatever work is required to bring the child to this point. The fact that he wasn't their to help you is not relevant unless it
can be shown that he knew about the kid and didn't try.
For better or for worse, judges are notorious for believing mothers over fathers in such cases, but you should not assume that to be true.
Be prepared to show that you would be a better parent (which really means that he would be a worse parent).
And of course, this works both ways. If he can prove that you are probably going to be a bad parent (and remember, its already a court record that you lied to the state), he may be in a good position to take custody away from you.
So my first word of advice is: Stop lying to the state!
If he volunteers to give up his parental rights (in writing), then it is a relatively simple matter to have this other person adopt him taking over full parental rights.
In any case, get a lawyer. You started this thing out with a lie and you need to realize that isn't a good place to start!
Elana · 6 years agoSource: answers.yahoo.com