Father on Birth Certificate Proven Non Biological but During a Nasty Custody Battle

[singlemom26]

My question involves a child custody case from the State of: California

In 2006 I had a son with my now Ex (Ex "A"). At the time I believed him to be Ex"A"s son. For a while my family told me my son looked quite a bit like my Ex just before him (Ex "B"). I did the math on timing of my pregnancy and found that there is a chance that Ex"B" might actually be the biological father.

I am currently in the mist of a not so pleasant custody battle with Ex "A" over who is going to be school parent, but while this has been going on for months thanks to Ex"A" and his lawyer I have decided to contact Ex"B" and asked him to take a DNA test to determine if he is the biological father. Keep in mind that Ex"A"s name is on the birth certificate and that when we split in 2007 and went threw mediation then the judge established that Ex"A" was his father by way of declaring parentage.

Basically I'm waiting on the DNA results which I will have this coming Monday between myself my son and Ex"B" to determine for sure true biology, but if it is proven Ex"B" is the biological father can I have all of Ex"A"s rights taken away?

Also we have a trial date to begin on Feb 16th for the judge to hear testimony regarding the custody arraignment with Ex"A" do I go threw with the trial?

Does Ex"B"s name have to go on the birth certificate or can it just remain blank?

Can Ex"B" waive his rights to my son?

[aardvarc]

What will ultimately happen will be up to a judge. Ex A is already legally dad. If Ex B turns out to be the father, and establishes himself throught the courts as such, then Ex B goes on the birth certificate. Courts want children to have TWO parents, so they aren't going to remove a legally established father without another one there to replace him. If Ex B is thus established, he doesn't have to exercise any rights, but the law isn't going to let him "waive" responsibilities to the child, like child support. If Ex B is NOT established as father, then Ex A remains. In other words, the child IS going to come out of this with one father or the other.

[Mr. Knowitall]

Keep in mind that Ex"A"s name is on the birth certificate and that when we split in 2007 and went threw mediation then the judge established that Ex"A" was his father by way of declaring parentage.

So you raised the issue four years ago and the judge ruled on it.

Basically I'm waiting on the DNA results which I will have this coming Monday between myself my son and Ex"B" to determine for sure true biology, but if it is proven Ex"B" is the biological father can I have all of Ex"A"s rights taken away?

Not unless that's what he wants, and it seems quite obvious at this point that it's not.

Also we have a trial date to begin on Feb 16th for the judge to hear testimony regarding the custody arraignment with Ex"A" do I go threw with the trial?

Unless you settle your dispute by that time, what else would you do?

Does Ex"B"s name have to go on the birth certificate or can it just remain blank?

Even if Ex "A" went along with your plan, which seems exceptionally unlikely, the judge is not going to leave the birth certificate blank.

Can Ex"B" waive his rights to my son?

At present he has no rights to waive.

This is a dangerous game, and you need to talk with your lawyer about your plan. I've seen judges get very angry at parents who try to play the DNA card, whether it's because they're trying to prevent the child's father from having access or trying to get out of child support. And that can happen even when the parties haven't already litigated the issue and obtained a ruling from the court.

[singlemom26]

I have just received the DNA results back proving that Ex"B" is the biological father and both him and want Ex"A" out of the picture completely and Ex"B" wants to be the father. What doe he have to do or what do I have to do?

[Dogmatique]

I have just received the DNA results back proving that Ex"B" is the biological father and both him and want Ex"A" out of the picture completely and Ex"B" wants to be the father. What doe he have to do or what do I have to do?

Talk to an attorney.

There is a good chance that A will remain the child's legal father whether you like it or not.

[Mr. Knowitall]

To revisit your past assertions, it appears that you raised the issue four years ago and it was resolved by the court at that time. You shouldn't expect to get a do-over, merely because you prefer to play the DNA card as opposed to living under a child custody order with the child's legal father.

So again, this is a dangerous game, and you need to talk with your lawyer about your plan. Again, I've seen judges get very angry at parents who try to play the DNA card, whether it's because they're trying to prevent the child's father from having access or trying to get out of child support - and that can happen even when the parties haven't already litigated the issue and obtained a ruling from the court.