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My Boyfriend Wants to Have Rights but is Not the Biological Father

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  • 05-28-2013, 03:19 PM
    larry1211
    My Boyfriend Wants to Have Rights but is Not the Biological Father
    My question involves paternity law for the State of: virginia
    my boyfriend want to have full custody of my unborn child and i want him to as well what wopuld be the course of action to take ive heard many things and would like the correct answer. i have heard all he has to do is sign the bc is this true?
  • 05-28-2013, 03:43 PM
    llworking
    Re: My Boyfriend Wants to Have Rights but is Not the Biological Father
    Quote:

    Quoting larry1211
    View Post
    My question involves paternity law for the State of: virginia
    my boyfriend want to have full custody of my unborn child and i want him to as well what wopuld be the course of action to take ive heard many things and would like the correct answer. i have heard all he has to do is sign the bc is this true?

    Are you sure that you understand what full custody means? It means that he would be the custodial parent of the child, you would have no custody of the child at all and no decision making rights at all. If the two of you broke up then the child would go with him and you would have to pay child support. Is this what you understand full custody to mean?
  • 05-28-2013, 04:05 PM
    larry1211
    Re: My Boyfriend Wants to Have Rights but is Not the Biological Father
    sorry i meant co custody basically i want him to have rights as the father and me as the mother
  • 05-28-2013, 04:54 PM
    aardvarc
    Re: My Boyfriend Wants to Have Rights but is Not the Biological Father
    Then either he marries you and has equal rights, or, he establishes himself as the father (easiest is signing the birth certificate or acknowledgment of paternity) and then seeks a custody order that will spell out his rights (and subject him to child support).
  • 05-28-2013, 04:57 PM
    jk
    Re: My Boyfriend Wants to Have Rights but is Not the Biological Father
    unless the two of you cannot agree to where the child lives and visitation and the sort, there is no reason to be concerned with custody. As long as you both agree, then the child is where ever the two parents agree the child will be.



    He needs to sign an acknowledgment of paternity or to file for a paternity test if either of you do not wish to sign an AOP (and of course be proven to be the father) to be considered the legal father.
  • 05-28-2013, 05:10 PM
    Mr. Knowitall
    Re: My Boyfriend Wants to Have Rights but is Not the Biological Father
    Quote:

    Quoting larry1211
    View Post
    my boyfriend want to have full custody of my unborn child and i want him to as well what wopuld be the course of action to take ive heard many things and would like the correct answer. i have heard all he has to do is sign the bc is this true?

    You don't "sign the birth certificate". The document is an application for a birth certificate. If he's not your spouse, as was indicated above, he would (falsely, given that you both apparently know he has no biological relationship with the child) sign an acknowledgment of paternity.

    What does the biological father have to say about the pregnancy and your plan to try to put somebody else on the birth certificate?

    Has your boyfriend given any thought to what happens if you break up? Will he be one of the many guys who post in our forum asking how he can undo his fraudulent acknowledgment of paternity to get out of paying child support? Will you be one of the many mothers who posts in our forum about how the guy who signed the birth certificate turned out to be not such a great catch after all, asking how to remove him from the birth certificate so that you don't have to allow him to have visitation - or to get custody back, because a court awarded him physical custody? These cases can get sticky.
  • 05-28-2013, 05:22 PM
    larry1211
    Re: My Boyfriend Wants to Have Rights but is Not the Biological Father
    we both know all the repercussions of what we want to do and if it ever came down to a break up i would not be asking how to undo it i would take responsibility for my actions and pay the support. we just need to know the proper way to do it . and the father wants nothing tio do with any of it
  • 05-28-2013, 05:27 PM
    jk
    Re: My Boyfriend Wants to Have Rights but is Not the Biological Father
    Quote:

    Quoting larry1211
    View Post
    . and the father wants nothing tio do with any of it

    whoa, real big problem.

    There is nothing you can do to legally have your boyfriend on the birth certificate or considered to be the father. It is a crime to falsely claim to be the father when you know you are not. It is also illegal for you to state he is the father when you know he is not.

    I missed somewhere along the line you were aware your boyfriend is not the biological father.
  • 05-28-2013, 05:31 PM
    larry1211
    Re: My Boyfriend Wants to Have Rights but is Not the Biological Father
    ok i am not the biological father of the child the guy who is does want anything to do with the lil girl i would like to adopt the child im trying to figure out the best way to do this them child is unborn and i live in virginia.
  • 05-28-2013, 05:36 PM
    Dogmatique
    Re: My Boyfriend Wants to Have Rights but is Not the Biological Father
    Marry Mom.
  • 05-28-2013, 05:55 PM
    larry1211
    Re: My Boyfriend Wants to Have Rights but is Not the Biological Father
    lol well obviously that is going to happen
  • 05-28-2013, 06:37 PM
    jk
    Re: My Boyfriend Wants to Have Rights but is Not the Biological Father
    Quote:

    Quoting larry1211
    View Post
    lol well obviously that is going to happen

    then you have a start. After a year or so where you can prove the stability, then you can start looking at adoption.


    It is much smarter to do this correctly rather than be faced with the possibility of the adoption or illegal claim to fatherhood being overturned when the bio dad decides he does want to be the father.
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