Does my friends exboyfriend have parental rights over her baby eventhough they aren't married?

Depends on the state. In general, he does NOT have parental rights unless some sort of legal action has been taken.

For example, he DOES have parental rights if:

-She has a child support order

-She named him as the father through public aid

-They have been to court regarding any issue related to caring for the child

-Filed with some kind of registry (forget the name, it is a federal registry to protect unmarried fathers) w/in 30 days after the child was born

The following generally does not provide parental rights if not married:

-His name on the birth certificate

-Actually being the father

-Giving her money without a court order

He cannot sign away his rights unless the courts recognize him as the father. The problem is that at any time in the first 18 years of the child's life, he can take HER to court to establish paternity.

If paternity is established and he/she want him to sign 'away' his legal rights, I believe there has to be someone willing to adopt the child (for example, her new husband). He cannot just sign away his rights to her (I believe).

Why would you be in a relationship at this time with a young lady, that is carrying someone else's child? You just got yourself into a complicated situation. You probably could have waited to date her, after she had the baby and got some things worked out between her and her ex.as far as the baby is concerned.But anyway in all fairness,according to her, He is the father, and she has to realize that he has all legal rights in this world to His child, no mater what his situation is,Unless courts would decide something different, because keep in mind, she did not make that child alone, and how is he going to be judged as whetehr he is ready to be a dad? Is she ready to be a mother? Did they plan on having this child and felt that they were ready to be parents yet? And the fact that she is pregnant,means that she has not been out of this relationship long, and could her reactions be based on feelings of emotions, and attachment,and anger, (as most pregnant women go through different stages of emotion, and lots of times it is targeted towards the baby's father) unfortunately, you just so happen to be the "rebound' in this situation, which is sad, because here is an unborn child not even in the world yet, and he is already in the midst of a custody battle, which is not fair to him.But bottom line is the ex , He has a right to provide whatever he wants for his child, and it would not be fair for her to keep something from the baby that his own father gave him, suppose the shoe was on the other foot, would she want to be excluded from the child's life? Would she want the child to get whatever she gives him? you should not be intween this situation, but if you must be with her regardless of all of this, can't you just wait and have your own child with her? or someone else, whose life don't involve drama? You know in a relationship, there is normally two sides of a story, and you only heard hers, but what about his? You were not present when they were together, you're only going on what she says, but do not know the facts.By the way, suppose you were in a situation like this and you were the ex boyfriend, would you want someone trying to adopt your child even before you have a chance? Even if you weren't the exboyfriend, as you are yourself now, and when you two have a child, would you want someone to question you as parent, and your capabilities?

My friend was in this situation and the babies father was a super-tard. First, he tried to enslave her at his parents house. She moved in with her sister and wanted nothing to do with him and had the baby. Then he evaded child support and was almost out of their lives. Then when he was found, he demanded visitation rights. She wasn't okay with this, he's never shown interest before and he got hit with child support again and again disappeared and reappeared. Then he said the child wasn't his and demanded a paternity test. Of course it was 99.97 percent that she was his child. Finally, she got married to another man, 11 years later and had to petition his signature to allow the husband to adopt the child. He fought this (he's doesn't know which way is up, obviously) but signed. So YES, the tard DOES have a legal right to the baby, or at least visiting it and yes he WILL have to sign away his rights as the father. He may not do that and marrying this woman soley for that purpose may not serve any purpose. Marry her because you love her and go from there. That's what my brother did. He married a woman with a child from a prior relationship. He easily got the signature of the X and adopted her daughter as his own. The X hadn't had anything to do with her for 8 years and couldn't care less, so it was easy.

In my opinion; I'd tell the dude it was your baby all along and marry her. As her husband, you are the legal father. If the other dude wants to fight it; tell him to get a DNA test. If he is a tard, then he won't fight it.

It would be in the best interest to marry her before baby is born; because I am going through an adoption process with my own baby and since I was married to her father, they said regardless or not if it was his, he is the legal father. He is her real dad, but still.

Marry her now. That way, when she has baby; your name not his will go on the birth certificate.

Yes, he will have to sign over his rights. Unless there is an obvious reason why he shouldnt have that opportunity (ie he's in jail for molesting and murdering babies) then both parents have rights to their children until the court deems one of them unfit.

HOWEVER. Since she hasnt given birth yet and he's a scumbag, simply be there at the hospital when the baby is born and put your name on the birth certificate. That makes you the father. You dont even have to mention it to sperm donor. Nobody at the hospital has a reason to believe you arent this child's biological father? Then whose to say otherwise. You dont even have to marry her to do this.

Keep in mind though that if and when the biological father decides he wants something to do with the child, if he brings it up in court there may be a paternity test and when they find out the child doesnt belong to you, that'll be a whole different messy issue.

It doesn't matter if they were married or not, If that child is his he has rights to it and he would have to sign away those rights so you could adopt.

However, you mentioned that the baby isn't born yet so if I was her I would not list the father on the birth certificate.

List father as "unknown", then if he wants any rights to that baby he will have to prove first that he is the father through a paternaty test.

If he wants to push the issue he can ask the courts for a paternity test. If it is shown that the child is his then he can sue for custody-partial or full. She would then have to prove that he is not fit to be a parent, and not just that she doesn't feel that he would be. Does he do drugs, not have a job, live in a bad neighborhood, something like that. For you to adopt, he would have to sign over his rights.

Yup he has to sign over parental rights of you want to adopt the baby once your married. shouldnt be a problem if he does not want anything to do with the baby. Just tell him he doesnt have to pay child support if he does.

Your a good man! Hope this works out for you both.

He will have legal rights, if he would want them. It would not matter if you are married or not to her. Either party would have to go to family court to determine paternity first. Judge would then decided on child support, visitation, etc. Best case scenario would be if he does not show up. Then you could start the process of adoption.

as it stands now he has no rights.. IF he doesnt make a claim what you can you is once the baby is born there will be a form to sign at the hospital stating who the parents are. you sign that form, whether bio or not YOU ARE THE FATHER..

now, i am not sure if he were to sue that it would nulify that. i honestly do not think soo.. HOWEVER understand this: ONCE YOU SIGN THAT FORM YOU ARE BOUND BY ALL LAWS AS THE FATHER OF THAT CHILD.. i capped these to make you understand that if things go south in your relationship you are still obligated financially to the child. think deeply about what you plan to do before you decide.

if he does make a claim before this. then i hate to say it but its going to be a dragged out custody battle and its basically going to fall on who has the better lawyer..

good luck..