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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Biological Father Trying to Get Custody

    well i was dating a guy for 2yrs when we broke up for 2 weeks i had sex with a other men that i met at a bar and met up with a couple times but still had feelings for my ex so i went back with him. I then found out i was pregnant and wasnt to sure who the father was and i believed it was my long term boyfriends, so he played the role of the father. now that we moved and had my daughter im starting to maybe believe the other man is the father (from her looks) and he has seen pictures of her and also believes the same. He now wants to get custody of my daughter. But her birth certificate says my husband is her father and i dont want this man coming into our life. is there anyway that i can keep him from getting custody of my daughter?

  2. #2

    Default Re: Biological Father Trying to Get Custody

    Not without a time machine. If he's the biological father, he may have every right to seek to be named the child's legal parent on the birth certificate as well as seeking standard visitation with the child. Unless you are found to be unfit, he's not going to get custody - but unless HE is found to be unfit (such as criminal convictions for crimes against children), then visitation should be anticipated. Different states set different time frames and rules for challenging paternity within a marriage, and since you didn't tell us YOUR state, we can't speculate further.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,895

    Default Re: Biological Father Trying to Get Custody

    You chose not to follow the instruction to identify your state. As you were told when you posted, laws vary by state. The extent to which a third party may be able to assert paternity varies enormously by state.

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