Just discovered I am not on my kid's BC but been paying child support

[JusCanada]

Hello everyone,

I live in Ontario (Canada) and I am the father of a 5 year old girl. I and her mom broke up before our daughter was born but we have always been in good relationship (with ups and downs of course).
We have never been to court, I always paid to my baby's mom child support since our daughter was born and she has always signed receives for it. My daughter's mom has always allowed me to see our girl 1 day a week (from 9am to 4pm).
And just to underline I am 100% sure I am the kid's father even if I have never taken a dna test, my daughter is my exactly copy, she totally looks like me.
A couple of months ago I discovered that I am not on the child's birth certificate because her mom was afraid I could take our daughter away from her (I would have never done it!). And she has never given to the hospital the paper I signed and put "father unknown".
Our daughter has always had her mom's surname and that was fine by me, but now she is married with another guy and I am afraid I can lose my daughter because I do not have any rights as I am not on the BC.
For the canadian law what my child's mom is doing (collecting child support without put my name on our daughter's BC) is not fraud? If I decide to go to court to ask to see my daughter a bit more ofter (like 2 days a week or every other weekend) but giving to her mom the sole custody, to have my name on her BC and legalise the child support is something I could obtain without problems as I always been in our kid's life and support her mom during the pregnancy and after that? Or my kid's mom can face problems as what she is doing is not legal, at least at my eyes? Of course, I don't want my kid's mom have any problems with the law.

Thanks in advance

[AFFA]

I wish to inform that the Family Relations Act has jurisdiction in this matter. In this regard, you may first approach the minor child's mother for DNA testing to prove paternity of the child. If the mother does not agree, then you may file a petition in the court for establishing paternity by DNA testing. The court always keeps in view the best interest of the child. The court will consider all the facts and decide the matter. If paternity is established and your name is on the birth certificate of the child, you may obtain a child support and child custody order from the court.

AFF

[goddessoflubboc]

It is not fraud. You yourself said you have no doubt the child is yours.

It is incumbent upon you to petition the court for visitation/custody. The court can then order your name on the BC if you admit paternity in court or have DNA completed. Since you are not on the BC I would strongly urge you to get DNA done. Looks mean nothing.

[JusCanada]

Thanks everyone.

@goddess you are right when you write "look means nothing" but I am sure my kid's mom was not seeing anyone else while she was with me.
I bought a DNA test online but I cannot do it without my kid's mom signature as she is our daughter's only legal guardian.

I will try to talk to the mom first hoping we can sort everything out without fights because my only interest is our kid's happiness and I will always protect her as much as I can. I just don't want my kid's mom to be able to change the kid's surname in her husband's surname.

I am just very disappointed by the whole situation.

Thanks again for your opinions.

[sunlover]

The results of a DNA test bought online will not be allowed in court. What you require is a court ordred DNA test done by a court approved lab under proper conditions

[goddessoflubboc]

Talking is great, you need to communicate with each other.

But you need to protect yourself and your relationship with your child. Court orders protect the non-custodial parent. You will get your rights legally asserted and will have your parenting time enforceable. I would not be surprised if you got significantly more time.

You also need a court order for your child support, and pay how it's ordered (I don't know if they have central registries in Canada like we do in the states).