[sland]

I am currently residing in Los Angeles California and have a difficult custody issue. I was married at the time my son was born although my husband at that time is not the father and was in prison at the time (though I did visit him and we did have contact). When the baby was born I put a friends name as the father on the birth certificate, both of us knowing he was not the baby's father. My husband and I at the time obtained a bifurcation divorce, but never did anything else. The baby's biological father can not be found. I have since married the man I listed on the birth certificate. What I want to know is who is my sons legal father and does my husband now have to adopt him so he is his only father? My ex husband (the one I was married to when my son was born) refuses to sign anything denying he is my sons father. What should I do?

[Anonymous]

You have three different claims to paternity:

1. As you were married at the time the child was born, there is a presumption that your husband is the child's father. I do not know offhand what effect it would have that you did not resolve questions of nonpaternity in your divorce agreement - that may also be a factor.

2. The child has a biological father, whose identity is known to you (even if his location is not). If your ex-husband stipulates to a court order reflecting nonpaternity, the biological father may have the right to be informed of any adoption proceedings or any other legal proceedings to resolve issues of paternity.

3. The person identified on the birth certificate may have some rights, but the fact that you both knew that he was not the father when his name was placed on that certificate is likely to significantly undermine any claim made on that basis.

In order to get this straightened out, with proper notice to all parties as required by law, you really should consult with a lawyer or law firm with practice areas in both child custody and adoption law.

[Robert44]

I am the married husband of wife who is pregnant with what maybe someone elses child. If it is and I go to Michigan where aledgedly the other man has no rights to the baby (even though he may be the bio father) and have the baby, does the law apply even though I live in another state and my wife have the baby in Michigan? Or do I have to actually move to Michigan?

We are reconciling and we do not want the other man to have any right to the baby or any way to mess up our lives and the lives of our other 3 kids we jointly have already. What can we legally do? Thank you.

[lwpat]

Please start your own thread and do not add onto one that is over three years old.