QUESTION
What are the rights of a legal but not the biological father?
Asked on Jan 21st, 2016 on Child Custody - Washington
More details to this question:
My wife and I split for a while and during that time, she slept with me and one other guy within a couple week time frame. I hoped this child was mine but when we got the test done, she turned out not to be. Since we are married, I know I am considered the legal father. Biological father wants nothing to do with her and we have not gotten her tested. The child is now almost ten months old. I love her to pieces. She is my daughter in my eyes. My wife and I are currently splitting up and I want to know what my rights out to get visitation at least. It's an amicable split but just in case she becomes cold or heartless, I want to know what my rights are as the legal father. Would I have a case for visitation in the divorce? I'm willing to pay child support and all that. Any help is appreciated thank you. Biological dad has not been in the picture at all her whole life and shows no signs of coming around.
1 ANSWER
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The law sees you as the child's legal father. I assume you're on the birth certificate. She will be treated as your daughter (parenting plan, child support) unless you object or the bio father asserts rights, in which case the court will need to weigh what is best for the child, since you are the only father she knows. I don't know what you mean by you haven't tested her. In order to find out that you were not the bio father she had to be tested. Testing always has to involve the potential parent and the child. If you mean it is not established that the other man is her bio father, my advice is, don't do it. Since he has had no involvement he probably doesn't want it, so why invite the possibility of stirring up some inchoate sense of responsibility on his part. Get a good lawyer for the divorce and immediately establish a temporary parenting plan. Good luck.
Answered on Feb 17th, 2016 at 4:21 PM