Father On Birth Certificate Is Not Biological Father

My question involves paternity law for the State of: OHIO

This is a little complex but I will make it as simple as possible. I need to know what my rights are, what father "A" rights are and father B rights are.

I am with Father A. Father A is on my 16 month old's birth certificate and my child has A's last name. We have been together 6 years but are not married YET. Father A has been and will continue to be my daughter's father. He and I support my daughter and care for her.

I had a brief affair with father B about the time I became pregnant. I had a friend contact B and tell him I was pregnant. B said good luck to me and A because he's not the dad. No further contact.

A has been with my daughter since birth. He has been and still is a wonderful dad. 4/08, Out of concern because my daughter was catching everything under the sun and because I was once again having a slight affair with B, I wanted a DNA test, so I would know for sure. During the second affair with B, my daughter WAS NEVER INVOLVED WITH B, NOR AROUND HIM. It was strictly a sexual relationship between me and B. Me, A, B, and baby voluntarily took a DNA test, independently without court involvement. Shockingly, DNA shows B as father. I would have to have another test before I can believe B to be the biological father. We all were made aware of the results. A continued to be baby's "father" supporting and caring for her and B had no contact with child even though A moved out when he became aware of affair. Almost one month after results of DNA, B finally met baby. He spent a little time with her for a little of two weeks. A's mother cared for her while I worked, A still gave us money and saw baby, B has never contributed to the support of baby, not even in those two weeks. During that brief two weeks, A was stll acknowledged to be the father, even by B, and several people will testify to this. A would occasionally come and spend the night with me during this two week period, but would come after baby was asleep. He maintained his own residence. He became violent with me after two weeks, while I was holding baby. I told him to NEVER come around me again. Since that incident, he has NOT asked about baby's well being or if she needed anything or anything about her. Just wanting to be with ME. I have reconciled with A. We are engaged. A is still supporting and caring for baby, he is the father.

I have received a few phone calls from B. I told him it is over between me and him. He told me I was going to pay, that he would rip my world apart. He didn't care who got hurt in the process. Then I received a letter from an attorney. B wants visitation rights and wants me to voluntarily agree to it. He wants A off birth certificate and last name changed. He would pay $17.31 a week child support. He lied and said I moved him in my home and that he cared for baby with me on a daily basis. This is a lie! He never moved in my home, he had SEX with me in my home. He did not care for baby with me on any basis. I did, my mom did, A did and A's mother did. A's mom has taken care of baby every since I returned to work after birth! He is not doing this because he wants to be part of baby's life, he's doing it to try to hurt me and baby and actually said so. At one point, he said if he was the father, he would relinquish rights but when I told him that is what we wanted, (me and A) he changed his mind.

We do not want B to pay child support nor have any rights. A is the only father baby has EVER known. A will continue to be baby's father no matter if we stay together or not. We do not want B to have any cotact with baby. IF he is the biological father, he is nothing more than a sperm donor.

That is basically the situation. Now comes the questions.

1) Can we be forced to go to court on this? Neither A nor I want baby to be aware of this. We are a family. We are her parents. We are on the birth vertificate. We support her. She wants for nothing. We care for her. She is only under the care of us, and A's parents as well as my parents. We want nothing from B if another test is forced upon us and he is indeed the sperm donor.

2) Can we be forced to change the birth certificate and baby's last name? We do not wish to do either, EVER.

3) What is A's rights?

4) What are my rights?

5) What is B's rights if he has known since conception that he could possibly be the father and did nothing. And that he's only doing this to hurt us.

6) Are our rights more protected if me and A marry along with the fact he's on the birth certificate and baby has A's last name?

7) Doesn't baby have the right for the law to act in her best interest since we are the only parents she has ever known? When she wants daddy, she's asking for A, not B. She doesn't even know B exists.

8) Can A legally adopt baby if B is indeed the sperm donor and does he even need to since he is listed as the father on the birth cerificate and baby has his last name.

I appreciate any advice that you may be able to give me. We are desperate. We are a young couple and work very hard. I realize that I have made mistakes but should everyone have to suffer because of a few one night stands? Please help me.

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1) Can we be forced to go to court on this? Neither A nor I want baby to be aware of this. We are a family. We are her parents. We are on the birth vertificate. We support her. She wants for nothing. We care for her. She is only under the care of us, and A's parents as well as my parents. We want nothing from B if another test is forced upon us and he is indeed the sperm donor.

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Yes you can be forced to go to court. Committing paternity fraud is a CRIME in the state of Ohio. Understand? A is NOT the daddy if B forces this in court. A lied when he signed the AOP and you allowed the lie.

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2) Can we be forced to change the birth certificate and baby's last name? We do not wish to do either, EVER.

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Yep. B can force his name to be listed as the baby's last name. Though try to compromise with a hyphenated name.

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3) What is A's rights?

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When?

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4) What are my rights?

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You are default sole custodian at this point. However you have been served so there is probably a restraining order preventing you from removing the baby from Ohio.

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5) What is B's rights if he has known since conception that he could possibly be the father and did nothing. And that he's only doing this to hurt us.

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Once paternity is established, his rights will be equal to yours.

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6) Are our rights more protected if me and A marry along with the fact he's on the birth certificate and baby has A's last name?

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Nope. When proven B to be the legal father A will have NO RIGHTS.

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7) Doesn't baby have the right for the law to act in her best interest since we are the only parents she has ever known? When she wants daddy, she's asking for A, not B. She doesn't even know B exists.

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The law acts in the baby's best interest. However mommy and mommy's bedmate committing paternity fraud and perpetuating a fraud is NOT what the courts see as best interest.

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8) Can A legally adopt baby if B is indeed the sperm donor and does he even need to since he is listed as the father on the birth cerificate and baby has his last name.

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At this point, NO. A cannot legally adopt the baby. And in the future he won't be able to unless B willingly allows that AFTER you have been married to A for a serious length of time.

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I appreciate any advice that you may be able to give me. We are desperate. We are a young couple and work very hard. I realize that I have made mistakes but should everyone have to suffer because of a few one night stands? Please help me.

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A few one night stands? With the same person? That is called a relationship. You chose to have a baby. You chose to make B a father. The court will determine everything.Oh and if you do NOT show up for court after being served, be prepared that you can lose custody completely.

You sound so angry at me. A did not know about B at ALL when he signed the birth certificate. A never doubted paternity, no one did. She looks exactly like A and his siblings. I was never 100% either way. A was devastated when he found out about B. He was willing to step aside if B was going to be a daddy. That did not happen and never will. That is when A did some sole searching and decided sperm is not what makes you a father. Staying up all night with a child that is sick and still going to work in the morning, Being the first to hold the baby, cutting the umbilical cord, teaching her how to sit, how to crawl, how to walk, reading her bedtime stories, tucking her in at night, watching her develop her own personality, baptizing her, having her cry for her daddy and knowing it is A she's wanting, THAT IS THE FATHER! The only fraud committed here is b B, stating he wants to be her daddy. He wants to hurt us!

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Quoting wghltn

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You sound so angry at me. A did not know about B at ALL when he signed the birth certificate. A never doubted paternity, no one did. She looks exactly like A and his siblings. I was never 100% either way. A was devastated when he found out about B. He was willing to step aside if B was going to be a daddy. That did not happen and never will. That is when A did some sole searching and decided sperm is not what makes you a father. Staying up all night with a child that is sick and still going to work in the morning, Being the first to hold the baby, cutting the umbilical cord, teaching her how to sit, how to crawl, how to walk, reading her bedtime stories, tucking her in at night, watching her develop her own personality, baptizing her, having her cry for her daddy and knowing it is A she's wanting, THAT IS THE FATHER! The only fraud committed here is b B, stating he wants to be her daddy. He wants to hurt us!

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No. The fraud was by you. You knew that there was a chance that "A" wasn't the father ...yet said nothing. "B" has a right to establish a relationship with his child.

You could have spared everyone a lot of pain by telling the truth in the beginning. It is your deception that is causing everyone pain.

BTW: Ohiogal is an Family Law Attorney in ..guess where...You got it!! OHIO!

I realize what I did was Wrong. What B did was wrong. THE Victims, the only victims, are A and baby. Does ANYONE other than me see this? B has known for over two monthe that he is the alleged father, yet do you think he has dropped off a diaper or ask one thing about her? No. Just wanting me back in the bed. When he was toldNo, then he wants rights. Won't a court see through this? Does anyone see through this? And by the way, I have not been served anything. I was sent a letter from an attorney asking me to voluntarily give him vistation, voluntarily change her birth certificate and last name, and voluntarily accept $17 a week in child support. Does anyone have a child out there. $17 won't take care of her cat let alone her. Where in America can you feed, diaper and clothe a child for $17 a week. If you know, please let me know. I would love to be able to quit my job and spend more time with my daughter.

Well then they will see you in court. Be sure of this the BC will get changed. He will get visits and you will get support

One other thing, about this fraud thing, can A sue B or me for everything he has spent on baby. Can A's mother sue B for all of the daycare she has provided free of charge thinking baby was A's child, for the last 16 months plus everything she has spent on baby?

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Quoting wghltn

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One other thing, about this fraud thing, can A sue B or me for everything he has spent on baby. Can A's mother sue B for all of the daycare she has provided free of charge thinking baby was A's child, for the last 16 months plus everything she has spent on baby?

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No..Not "B" . He didn't lie. YOU are the one that is responsible for this situation...NOT "B"!

Your daughter is 16 months...Her life is NOT going to be up-heaved. She will develop a relationship with her father in no time. Start figuring out how to facilitate a relationship now to make this easier on her.

Time for you to grow up and think of your child.

Well, If everyone thinks B has all of these rights, doesn't he have the right to reimburse these people for everything they done for HIS CHILD? I gurantee you they would never have done any of it had they had known she was not A's child. These are good people. They completely rearranged their lives so baby would never be with strangers and take a chance of hurting her. They were caring and taking care of THEIR child and Grandchild. B has to reimburse these people, he's not going to want rights. Guaranteed!

Why are you blaming B for your act of lying to A's family? It's not like you didn't have a clue that the child might not be A's.