Does a Legal Father Have Rights After a DNA Test

[aosborn]

My question involves paternity law for the State of: Michigan. My husband and I are involved in a very nasty divorce. I had previously filed in November 2009. I became pregnant with someone else's child. My husband and I decided to reconcile. He chose to take the responsibility of my daughter. In January 2011 I filed for divorce again. Realizing we cannot reconcile. He asked the court for a DNA test. Knowing the outcome. The results came back on 7/1/11. I filed a motion with the court to have my daughter removed from the court order for parenting time and support. But he still wants to be her father. The biological father does not wish to have anything to do with this. I would rather not have either one. Especially not my husband. Does he have rights?

[aardvarc]

Since you were married, he is automatically considered to be the child unless established otherwise. That can happen in a few ways; either (a) the ACTUAL father challenges paternity and proves that THEY are the father, or, a court terminates the husband/legal father's rights. Your hubby has been acting as the child's father all this time, so even though a DNA test may say otherwise, the court can still KEEP him as the father (since the courts WANT children to have TWO parents - because right NOW, if you got hit by a bus, there's someone legally responsible to step up and care for the child). Unles the biological father wants to step up to the plate and assume responsibility AND liability (child support), then the court COULD rule that hubby REMAIN the child's father, regardless of DNA or wishes of the parents.

But he still wants to be her father.

No reason he can't. But if he thinks he won't have a child support order as PART of "being her father", he'll have a rude awakening.

I would rather not have either one. Especially not my husband.

Had you divorced your husband BEFORE getting pregnant, that would be an arguement that would have some merit and chance of happening. Hubby wouldn't be an automatic legal parent, and the bio dad wouldn't even exist legally until a court said he did. As it stands, unless there is some substantial criminal history that would make the court feel that one of these two men is some imminent threat to the child, you need to be planning on ONE of them to be the father. Hubby by default, or bio dad if either he pursues the matter, or you file a paternity case against him.