Will bio dad get visitation rights if hasn't seen the child since he was 1 and the child thinks another man is his father.
Asked on May 14th, 2016 on Child Custody - Wisconsin
More details to this question:
My child is 7 and now his bio dad wants to see him. My husband has raised my son since he was a month old. The child has no idea he isn't his dad. Is it likely he will get visitation rights even though my child has no idea who he is?
If paternity isn't established in Wisconsin, the "bio dad" would have no legal rights whatsoever towards your child. Paternity is established by either both of you signing a voluntary acknowledgment of paternity or by filing a formal paternity action in court and presumably having DNA testing done. If paterntiy is established and you had a court hearing to determine custody and placement rights of the child, if he hasn't visited for over six years now, if I am understanding your post correctly, you might want to consider filing an action to terminate the parental rights of the father. If your husband is willing do do so, you should also consider doing a step-parent adoption. In the absence of your legally doing those things, he could file a motion to request visitation rights. The fact that he hasn't visited in over six years would be a factor that the court would need to consider in weighing whether he should be allowed visitation rights at this point in time.
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