I'm Not the Biological Daddy, What Are My Rights
My question involves paternity law for the State of: NEW JERSEY
5 days ago, my wife revealed to me that I was not the father of our 9 month little girl. She indicated that when the little girl turned about 6 months, her skin tone was turning darker, more so than she had expected it to. She pushed the biological father to do a paternity test and it turned out to be 99.9999% positive.
When asked if she knew before she came to term, she indicated that she was not sure and was hoping wholeheartedly that it would be mine. Interestingly enough we were planning on having our own. When she came to term and we saw her come out, I was even convinced that it was mine, because I looked just like her when I came out.
My name is on the birth certificate as the father and of course her name is there as the mother.
Assuming no maternal fraud was committed on her part and beside the emotional stress that has come with this as a matter of fact, I am wondering what kind of rights the biological father will have and what kind of rights will I have as the current father figure? Can I force him to waive his paternal rights? Is there a statute of limitations? I've read a bunch of different things and it'd appear as though I don't have many rights if the biological father steps up. I know one of the key questions may be, do I want to retain the marriage? I do not know yet. It's still too early for me to decide.
I have lots of things on my mind, undoubtedly, but really haven't had enough time to formulate them into meaningful questions, so instead of me asking, could someone please provide some facts to me or ask me questions?
Re: I'm Not the Biological Daddy, What Are My Rights
As the husband of the mother at the time of birth, you are the legal father of the child.
If the father of the child goes through court to establish paternity, he will then be able to ask for visitation.
he is the father of the child. The rights are his if he can prove his paternity and he steps up and wants to claim them.
Re: I'm Not the Biological Daddy, What Are My Rights
Until then, the only thing I will add is to continue on with life as you have (if that's ok). At this point, you have ALL of the rights, he has none.