QUESTION
What custody right do I have if I am not the biological father but am on the birth certificate?
Asked on Aug 14th, 2012 on Child Custody - Mississippi
More details to this question:
My name appears on a child's birth certificate; however, I am not the biological father. The child's stepfather wants to adopt him, but it is not in the best interest of the child. The stepfather is abusive to the children in that household. He wants me to have a blood test to prove I am not the biological father so my paternity rights will be taken away. I will not agree to a consent adoption. Can he and the mother take my rights away? I live out of the country but I am trying to immigrate to the USA. I visit my child yearly and I'm willing to contribute to his support.
15 ANSWERS
Suzanne H. Lombardi
In Alaska the mother of the child and the stepfather can file a lawsuit and prove that you are not the biological father of the child.
If you are out of the country and have not contributed to the child's support you may have a difficult argument for remaining the father of the child. An attorney can advise you on the best procedure to take once they have filed suit.
In the meantime if you want to remain the child's "father" it would be advisable to show that you have supported the child. Without knowing the age of the child and any details on if you spent any time raising the child it is difficult to answer your question any further.
Again, an attorney would assist you in your questions about paternity.
Answered on Aug 25th, 2012 at 12:16 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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If you are not the father, you have no rights.
Answered on Aug 19th, 2012 at 4:41 AM
Leonard A. Kaanta
They can force you to take a blood test.
Answered on Aug 18th, 2012 at 2:19 PM
Dennis P. Mikko
If you signed an Affidavit of Parentage at the time of the child's birth, you are the legal father. While it is possible to have you found to not be the father, it will take a court proceeding to do so. If you have been active in the child's life through parenting time and support, you could argue for your rights under the equitable parent doctrine. You would be well advised to seek the advise of an attorney specializing in this area.
Answered on Aug 18th, 2012 at 2:12 PM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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I would need more information, but it is possible that if the statutory period has passed, DNA is irrelevant. You should consult an attorney.
Answered on Aug 18th, 2012 at 1:38 PM
Car Accidents Attorney serving Milwaukee, WI
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Velez, Moreno & Vargas, LLC
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If you are the legally recognized father for that child, regardless of whether you are the biological, you have the rights as father and not the biological father. There is a substantial legal burden that the biological father and mother would need to meet in order to overturn what has been legally established: that you are the legal father of the child.
Answered on Aug 18th, 2012 at 1:00 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need to hire an attorney, there are no easy answers to the questions you pose and the law is very complicated on these subjects.
Answered on Aug 18th, 2012 at 12:56 PM
If you were not married at the time of birth and have not been adjudicated to be the father you virtually have no rights regardless your name being on the birth certificate. To be adjudicated the legal father there has to be a paternity action filed during which a DNA test will be preformed.
Answered on Aug 18th, 2012 at 12:52 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If you have a blood test you will be out of the picture. The mother would have to agree to a step-parent adoption. There could be a blood test to determine the real father but that would have to be pushed by the mother or the county adoption agency.
Answered on Aug 18th, 2012 at 12:51 PM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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There is a new law in effect in Michigan that applies to your situation. You need to consult with an attorney on the specifics to determine what rights you have under the new law.
Answered on Aug 18th, 2012 at 6:25 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Were you married to the mother during her pregnancy or birth. Have you been ruled the father, have you been paying support and been granted parenting time? You really need an attorney, give him all of the details and get an opinion.
Answered on Aug 18th, 2012 at 6:20 AM
Consumer Law Attorney serving Royal Oak, MI
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Gorman Law Group, PC
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If you are on the birth certificate, you have the same rights, and obligations, as any other biological father as long as you have acted as such. They cannot force you to take the test, and the results would not change your rights or obligations anyway - this would include paying child support, so be careful what you wish for.
Answered on Aug 18th, 2012 at 6:18 AM
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You may be able to successfully defend an attack upon your legal parentage. Until you hire an attorney, do not sign anything and do not consent to any paternity test.
Answered on Aug 18th, 2012 at 6:16 AM
Criminal Defense Attorney serving Anchorage, AK
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Buchholdt Law Offices
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That depends upon your circumstances. But in a custody dispute, the mother can seek a paternity test, and if the test disproves your paternity, you will have no rights.
Answered on Aug 18th, 2012 at 4:35 AM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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What ever rights a court will give you unless the mother of the child says your not the father and wants a DNA test.
Answered on Aug 18th, 2012 at 4:29 AM