I will try to get this down in the most unconfusing way possible.
My husband and his former wife, allegedly had a baby together, Baby X we will call her.
My husband has paternity questions about the child, due to the fact he found the X-wife and his brother-in-law in bed together.
Two years after the child's birth, they divorced, and my husband has sole custody of Baby X.
We are in the process of getting a paternity test done privately.
Our fears are that if it comes back that my husband is not the father, does he have to give the Baby X, (now 9 years old) to the paternal father or the biological mother?
At the moment the father in question is in jail and the biological mother is not in a position to raise the child properly. However someday, someone in the family is going to tell this child who her real father supposedly is.
My husband is listed on the birth certificate as father.
What are his rights to this Child X, should it come back that there is no blood relation?
We live in Illinois.
In many states, if the husband signs the bc, unless its challenged at the time, the husband will be deemed the legal father. This is augmented by the fact that your husband was awarded custody in the divorce.
So, IMHO, your husband is the child's father and no biology fact or court is going to change that.
Do you really need to go thru a paternity test.
As for the child finding out, I think that at 9, he maybe old enough to have the facts explained to him. The person he knows as dad IS is father. There is no practical or legal question about that in my opinion. This other person was just a sperm donor.
In many states, if the husband signs the bc, unless its challenged at the time, the husband will be deemed the legal father. This is augmented by the fact that your husband was awarded custody in the divorce.
So, IMHO, your husband is the child's father and no biology fact or court is going to change that.
Do you really need to go thru a paternity test.
As for the child finding out, I think that at 9, he maybe old enough to have the facts explained to him. The person he knows as dad IS is father. There is no practical or legal question about that in my opinion. This other person was just a sperm donor.
What does IMHO mean?
We just don't want the daughter to be shocked by the information being told to her from
a stranger or other family member. At the same time we don't want to lose her, she is
precious to us and we are doing a good job with her.
WE are concerned the mother might try to fight for custody, using his lack of biology against him. The child will talk to her mother about this for sure.
M
So don't do a paternity test and you won't have physical proof. I think, at this point, it would be too late for the mother to regain custody unless she can prove you and your husband are unfit.
Again, there is no question in my mind he is the legal father.
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