Legal Question in Family Law in Canada
names on birth certificates
Im about to have a child and the father is not apart of my life for a reason, he is not stable nor is he someone i would even feel comfortable leaving my child alone with, if i put him on the birth certificate since every one says i should, can him, or his family tie me up in court trying to get custody? i dont know if they would but, im worried and would like to just leave him off the certificate if i can.
1 Answer from Attorneys
Re: names on birth certificates
Whether or not the father's name is on the birth cerificate is immaterial to the rights and reaponsibilities both he and you have to the child.
You have a duty to ensure the child gets to know his father and spend time with him.
The father has a duty to pay adequate child support.
The father has a duty to spend time with and provide a father figure to the child. It's too late to decide you do not want the child to spend time with the father;unless a Court finds on proper evidence (such as psychiatric evidence) that the father should not spend time with the child, then you have a duty to ensure the child does have time with the father. If you feel that the father is not suitable, then it is up to you to prove it - it is not up to the father to prove that he is fit.
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