If Bio Dad Signs Over Rights, Can He Go for Joint or Sole Custody Later

My question involves paternity law for the State of: LOUISIANA
okay im married and me and my husband had seperated for a few months in those few months i met a married deputy and we conceived a child together..yes bad judgement on both our parts. anyway, me and my husband are back together and bio-dad and his wife are still together. this child has my husband as the father on the birth certificate and my husband raises him as his own, child is 9 mnths old. here's the issue, me and bio dad came to an agreement and where wondering if this will work in court, he is willing to do dna or go ahead and just sign an a.o.a, and sign over all his rights. but he told me that if he has to pay ne c.s he is coming after me for joint or sole custody and will pull every string he has..(thats y i threw out the part that he's a deputy) so wondering if we can actually get him just to sign over rights and let the legal father raise and pay for the baby and let bio-dad just disappear.

At the moment, he has no rights to sign over. Your husband is presumed to be the father, and is legally the father.

HOWEVER...

Bio-Dad has six years to come forward and claim paternity of the child. If he does so, the court WILL hook him for child support.

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In a unique decision, The Supreme Court of Louisiana found that neither laches nor the presumption of paternity prevents a biological father from avowing paternity six years after the child's birth, T.D. v. M.M.M., 730 So.2d 873 (La. 1999). The court reasoned that several policy factors, including the advantages of the child's receiving support, inheritance rights and nurture from both fathers, favored allowing a biological father to avow his paternity, where the action will result in dual paternity.

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If you and your husband intend to raise this child as your husband's, and your former paramour is whining that he doesn't want to pay child support, tell him to take a hike, and raise the child as your husband's.

My husband wants to challenge dna and have the bio dad give dna establish paternity and then from there have him relenquish all rights b.c we don't want him to come in our life 6 yrs from now or ever. He just wants all this done that way there is no worry down the road of what the bio dad might do.

I think that plan is full of potential perils - such as your husband's losing all parental rights, and bio dad seeking custody or visitation.

Thats pretty much what i was thinking and i explained this to my husband. But he thinks that all we have to do is serve him with papers that say we want him to submit dna establish paternity and in the paper also state to relenquish all rights, is this even plausiable?

Plausible? As Mr. K notes, it's perilous. If your husband challenges the paternity, he virtually guarantees the bio-dad the right to pursue visitation, and even custody.

Let me be blunt. Tell your husband that if he wants to raise this child as his own, he needs to sit down and shut up. Anything else opens the door wide to the very unpleasantness you seek to avoid.

thank you all for yalls help!

We will no longer pursue serving bio-dad, but now bio-dad wants to serve us and is thearting to put a r.o on my husband because he has past drug charges, they were from almost 5 yrs ago. If he serves us can he put a r.o on my husband for my son?? Ive never heard of this kind of thing were the parent can put one on someone for a child. Im positive he wont get physical custody of our son, so can he do it if he gets joint?

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If he serves us can he put a r.o on my husband for my son??

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Nope. Bio-dad has no legal rights to the child yet, and he may not get any.

At the moment, his legal status in regards to the child is "stranger". Unless and until he is found to be the biological father by the courts, he is no one to the child.

Your husband needs to continue to hold this child out as his own. As far as he is concerned, HE is the child's Daddy, period. If HE does not challenge the child's paternity, it will make it very difficult for bio-dad to get anything more than visitation and the right to pay child support.

And you, my dear lady, need to now avail yourself of the services of an attorney. It's time to get a pro in there to protect your family.

I have an appt. This monday evening, i will let you know how it goes, thanks so much!