QUESTION
Can the biological father of my son force us in a court of law to do anything about child custody?
Asked on Feb 16th, 2014 on Child Custody - New York
More details to this question:
I and my wife have been married 25 years we have 2 son my oldest son is not mine. My wife had an affair and did not tell me until after the fact he was not my son. I sort of suspected but did not care. We reconciled however once in a blue moon this guys shows up somehow in a random text, or Facebook message eluding he knows he is the father. I am on the birth certificate, he has never filed to say he is the father and my son who is now 12 knows no different. I am not sure what my wife and I would do if he pushed the issue since if you count the pregnancy it's been well over 13 years since she saw him. Can he force us in a court of law to do anything? Should we be worried, we believe he will just go away again but worried a little.
6 ANSWERS
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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In California, you are considered the presumptive and legal father of the child since you are married to the mother at the time of the birth. Any biological father only has up to the child's second birthday to request a DNA test to challenge your legal status as the father. After raising the child as your son for all these years, it is highly doubtful that this alleged "bio-dad" would get any rights.
Answered on Feb 19th, 2014 at 8:32 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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He could file a petition to establish paternity, legal decision-making and visitation. If that happens, you can raise the fact that he has known of the child and failed to establish a relationship with him. He might counter that he was not given the opportunity, however the fact your son also does not have a bond with him means before visitation could be established, he and your son would need some kind of therapeutic intervention to help establish a bond/work out abandonment issues, etc.
Answered on Feb 19th, 2014 at 8:30 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Not worry about it, deal with it if it comes up. Make sure that you have proof that he has been maintaining he is the father for an extended period of time. In Michigan he should lose and have no rights. In the other hand, the next time he shows up, tell him you are going to seek child support.
Answered on Feb 19th, 2014 at 8:30 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Since you have acted as the child's father for 12 years, a court is not likely to change your status as the legal father at this point since it is not in the child's best interest. If this man continues to intrude on your lives, file an anti-harassment petition.
Answered on Feb 19th, 2014 at 8:29 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, he can petition the court for a paternity test and ask for visitation/custody. The problem you have is that you cannot petition to terminate his rights until he has rights and until there is a paternity test, he has no rights. I honestly don't know what you can at this point but wait.
Answered on Feb 19th, 2014 at 8:29 PM
Bruce Provda
It would unlikely he would gain custody. If he pushes for parental rights then he is on the hook for child support.
Answered on Feb 19th, 2014 at 8:19 PM