QUESTION
Do I have any rights since I have provided and been part of his life for almost three years?
Asked on Aug 28th, 2012 on Child Custody - Arizona
More details to this question:
My pregnant girlfriend moved into my parents’ home. I quit school and went to work to support my new family, moved out into apartment, had a boy, we never married but he has my last name. We broke up and she met someone else. She met someone on internet, moved off and left child with me. There was no contact for 10 days then wanted him back. She wanted the child Monday to Wednesday and gave me Thursday to Sunday every week. We have been fighting custody for almost a year. Now, she says he is not mine. DNA said 0.0%.
10 ANSWERS
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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No.
Answered on May 22nd, 2013 at 5:27 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You will have a very difficult time getting any rights. Legally, you stand as a stranger to the child. You will have to convince the court it is in the child's best interest for you to have visitation. The biggest problem is that one of the factors in determining this is the parent's wishes.
Answered on Sep 06th, 2012 at 1:02 PM
The good news is that if you are not the child's biological father, you have no liability to support him. The bad news is that if you are not the child's biological father, you will have an uphill battle to establish any parenting time with the child based on your in loco parentis posture in the past. An experienced attorney would be invaluable to you in your efforts to remain a part of the child's life.
Answered on Sep 06th, 2012 at 1:01 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If the child is not yours then you have no rights to custody or visitation.
Answered on Sep 06th, 2012 at 1:01 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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If you are not DAD you have no rights unless you can prove she is unfit.
Answered on Sep 06th, 2012 at 1:00 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Your facts aren't clear. If DNA testing said there was zero chance you are the father and there has never been a court order deciding parental responsibilities, you probably can't obtain any judicially established parental rights. You need to consult a lawyer to determine whether there are any other options that would allow you to remain in contact with the child.
d subject should not be modified, otherwise your answer will not be valid.
Answered on Sep 06th, 2012 at 12:52 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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There is grounds for establishing a parental relationship even if you are not biologically the father.
Answered on Sep 06th, 2012 at 12:50 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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You could argue in loco parentis. This means in the place of the father. The courts want children to have more people who love them, not fewer. There are downsides. Maybe you should pay for a consultation with an attorney.
Answered on Sep 06th, 2012 at 12:49 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need a good attorney. I need the facts to determine the correct advise to give.
Answered on Sep 04th, 2012 at 10:49 AM
If you have been "in loco parentis" (e.g. as if you were a parent) to the child, then the court may grant you visitation if the court believes that doing so is in the child's best interests; however, the court cannot give a non-parent legal custody (even joint legal custody) unless it would cause the child a significant detriment (physically, emotionally, etc.) to be placed in the legal custody of either of the child's legal parents. I recommend you consult with an attorney to discuss your best course of action.
Answered on Sep 04th, 2012 at 10:46 AM