Does the Biological Dad of a Nine Year Old Who Has Legal Father Have Rights

[biodad77]

My question involves paternity law for the State of: North Carolina.

I received word from an ex-girlfriend that I am the father of her nine year old daughter. I took the DNA test, and it's confirmed. She does not want child support, and said she wanted to know and wanted me to know too. She hasn't told her daughter, but has told her ex-husband, the legal father. I'm thrilled at the idea of having another child, but I'm uncertain as to what my rights are. He ex-husband is the legal father, but he's remarried and is expecting another child. I want to be apart of my new daughter's life, but I'm not sure what rights I have and how complicated this is going to be. She also lives in another state, which also complicates things.

[Mr. Knowitall]

Right now you have no rights.

Was she married to the legal father at the time of conception and/or birth, or did they file an affidavit of parentage? When did he first find out he wasn't the legal father? Was his paternity confirmed in the judgment of divorce (i.e., the child is described as his, with his having visitation rights and paying support)? Does he wish to retain his legal rights?

[biodad77]

She was married at the time of birth. He is the legal father, but just found out he's not the boidad. So legally, she's his daughter. He did kick the oldest daughter out, who he knew wasn't his biological child as she was a kid from a previous relationship and had no legal ties to, when he started having problems with his ex-wife. I'm not sure if he'll wish to retain his rights or not. He does have full legal custody, but my daughter only spends every other weekend with him.

He's not paying child support, but there is an order for it, though right now it set for zero. Child support or not, complicated or not, I would like to have some part in my child's life. Will this be a possibility or can her legal father tell me to stay out of her life?

[Mr. Knowitall]

Unless and until you establish parental rights, you have the same rights as any other friend of the mother. As it stands, if the mother starts telling the child that you're her "real father", and doing other things that trouble the child's legal father, he can seek a modification of the custody order such that the mother is not permitted to allow contact between you and the child.

[biodad77]

She hasn't told the daughter yet. She said it wasn't her call to tell. How do I establish parental rights? Thank you for all your help.

[Mr. Knowitall]

This case suggests that you may file a legal action for paternity. Given the facts, I suggest working with a lawyer.

[biodad77]

Thanks for all your help!