QUESTION
What positive actions can I take to have custody to an unbiological new born child
Asked on Aug 19th, 2013 on Child Custody - Nevada
More details to this question:
- My wife and I were married Feb 2013 - I live separately for the next 6 months because of military orders. - She was impregnated 3 months prior by another. - My wife wants nothing to do with the biological father of her child -Iv'e decided to take on the father role from the beginning. - Im a military member so she has been covered under my insurance. Ive paid for all required items for the child ( food, clothing , bedding). -The biological father wants to be in the childs life, but is unfit and safe with a child. -The biological father was not put on the birt h certificate and will soon be fighting for rights for the newborn child. What can my Wife or I do to either a) make it to where I as the her husband can gain any custody. b) limit the custody of the biological father.
1 ANSWER
The case law across the country is extremely mixed in this scenario. Some states have ruled that an intact married couple can basically elect to raise the child as their own, and the biological father ("bio-dad") has no rights. Others have ruled that a bio-dad always gets to have a finding of paternity -- and concomitant support obligations.
Nevada has no completely on-point case law for this scenario, so I would suggest doing nothing voluntarily (like putting bio-dad on the birth certificate) and wait to see if he files something; if so, consult a family law specialist on all available defenses, and move to dismiss. Meantime, see the various resources posted at http://willicklawgroup.com/paternity/, and at http://willicklawgroup.com/child-custody-and-visitation/.
Answered on Sep 01st, 2013 at 6:20 PM