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What Are the Rights of a Non-Biological Father

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  • 05-03-2014, 05:01 PM
    Denny777
    What Are the Rights of a Non-Biological Father
    My question involves a child custody case from the State of: California


    Situation: I am non Bio Dad shown through DNA.
    Had Child born in foreign country.
    Raised, supported child and Mother 5 years in foreign country,
    never was married to mother,
    mother married another American brought child to U S without notice.
    continued contact with child for 7 years phone calls
    Send money, gifts etc. for those years which mother excepted.
    Had my name put on birth certificate in the foreign country {after mother left for the U S} by showing documents {baptism, hospital registration and more} where the mother used my sir name for the child and referred to me as the father.
    I signed Acknowledgement as the father, again after mother left, however it states I am the natural father.
    I come to the U S and I am being denied visitation by the Mother and her now X husband who lives with the mother and my kid.

    I consider myself the father as I raised my child with the mother for 5 years and for the reasons above. There is no other father that has come forward and frankly, I do not think the mother knows who it is.

    What rights do I have? or being a father to my child for 5 years means nothing?

    One note: The DNA test was done over seas before the mother came to the U S, but still acted as if I was the father and so did the child as shown with Email correspondence.
  • 05-03-2014, 08:12 PM
    aardvarc
    Re: Non Bio Dads Rights
    You've got no custody order, either in your own country or in the US, and if you're not the biological father, you can expect mom to challenge your paternity the second you seek such an order here. WHICH original country are we talking about?
  • 05-03-2014, 09:11 PM
    Mr. Knowitall
    Re: What Are the Rights of a Non-Biological Father
    We have no way of commenting on the process you followed in the foreign nation, but it sounds like you would have a lot of trouble getting a U.S. court to recognize a determination of paternity that you obtained while knowing that you were not the child's biological father, and presumably without the mother's knowledge, against the mother's wishes, or both.

    If we are to infer that the child and mother are now permanently domiciled in California, you can consult a California lawyer with the full facts, to see if you qualify for third party visitation rights under California's in loco parentis laws.
  • 05-03-2014, 09:19 PM
    Dogmatique
    Re: What Are the Rights of a Non-Biological Father
    I'm not entirely sure he can say that he's been acting in loco parentis but clarification would be good, for sure.

    What I'm getting though is that the child is 12-ish, and has had very limited contact with OP for about 7 years.
  • 05-06-2014, 01:40 PM
    Denny777
    Re: What Are the Rights of a Non-Biological Father
    What I can add is: When the mother and I were in the foreign country, she acknowledged me as the father in many documents. I lived with the mother and kids for 5 years and as I said before, supported the children up to present.
  • 05-06-2014, 01:45 PM
    Dogmatique
    Re: What Are the Rights of a Non-Biological Father
    And you haven't seen the child in how long?
  • 05-06-2014, 03:35 PM
    Denny777
    Re: What Are the Rights of a Non-Biological Father
    I saw the child in 2010 and again this past November when i arrived. I want to point out that I have spoke to my child every week since the
    my child was separated from me and supported her. Again, I did my best to be in her life in every way I could, gifts, birthday holidays etc. The mother referred to me as the father, in all ways orally and written since her birth. She excepts my support and now she says bye, bye and get lost to me. P.S. it is the step dad behind this I know.
  • 05-06-2014, 06:42 PM
    Dogmatique
    Re: What Are the Rights of a Non-Biological Father
    MKIA made a very good point.

    As it stands, you managed to get yourself on the paperwork as father without Mom being present.

    What is the name of the other country?
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