Question: Does a father have any rights to a child if the father’s name is not on the birth certificate and he is in jail?

Matthew Answers:  Some basic preliminary questions would need to be answered, such as: How old is the child? Were the mother and father married at the time the child was conceived? Born?

Depending on the answer, the father can either file a Petition to Establish Parental Relationship or a Petition for Dissolution of Marriage. Either way, the father can request genetic testing if the mother disputes that Father is the biological father. If it is established that the father is the biological father, he can then petition the court to have the child’s name reflect father’s name.

The grandparents could file a petition with the court for “grandparents’ rights” as they are commonly called. Assuming there is no dispute that father is the father, this might allow grandparents visitation time with the child. Again, the questions posed above would come into play as well.

The incarceration issue would only stand in the way of father’s visitation, not in his rights as the father of the child.

If you have questions relating to this or any other family law matter, please do not hesitate to contact me.