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I am a non biological father, what are my rights

Asked Mar 8, 2011, 08:40 PM — 31 Answers
I have raised a fifteen year old since she was born. I am not the biological father but my name is on the birth certificate and I have custody. Now the biological father wants to be involved and try to gain custody. What are my rights?

31 Answers
GV70's Avatar
GV70 Posts: 2,878, Reputation: 1431
Family Law Expert
 
#2

Mar 8, 2011, 08:59 PM


It will depend on your location.
If you are in Illinois or Tennessee you will have no rights.
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allenkes's Avatar
allenkes Posts: 10, Reputation: 10
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#3

Mar 8, 2011, 09:27 PM
Comment on GV70's post
Quote:
Originally Posted by GV70 View Post
It will depend on your location.
If you are in Illinois or Tennessee you will have no rights.
I forgot to add that I live in Ohio.
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joypulv's Avatar
joypulv Posts: 11,939, Reputation: 9196
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#4

Mar 9, 2011, 04:01 AM
Was the mother married to either of you at any time?

A judge would have to be brain dead to not consider the age of the child in this case, or the bio father would have had to be in a coma for 15 years. What's his sudden interest now?
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ScottGem's Avatar
ScottGem Posts: 58,108, Reputation: 28145
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#5

Mar 9, 2011, 04:02 AM


We need to know more of the circumstances. How did you come to raise this child? How did you come to be on the birth certificate? How did you come to have custody? Where is the mother?
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allenkes's Avatar
allenkes Posts: 10, Reputation: 10
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#6

Mar 9, 2011, 05:40 AM
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We need to know more of the circumstances. How did you come to raise this child? How did you come to be on the birth certificate? How did you come to have custody? Where is the mother?
This situation is very complex and involved so I will do the best I can. When my daughter was five I got custody after convincing he mother and her family that I have nothing but the child's best interest in mind. We have such a bond that I will do whatever for her. So her mother signed papers and didn't contest anything. As for the birth certificate, I was there when she was born and prior to that was not given any suspicion that the baby was not mine. It was only later that I learned the truth. The mother has been in and out of this child's life since she left yers ago. I have done everything from enrolling her in school, birthdays, holidays, to trips to the emergency room with no other thoughts but to provide for this girl. There were many attempts for her to see her biological family because I could not keep her from them, it bothered me that she had siblings she didn't know about. So attempts were made to see them. Now after all this time he wants to try and get custody.
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allenkes's Avatar
allenkes Posts: 10, Reputation: 10
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#7

Mar 9, 2011, 06:47 AM
Comment on joypulv's post
Quote:
Originally Posted by joypulv View Post
Was the mother married to either of you at any time?

A judge would have to be brain dead to not consider the age of the child in this case, or the bio father would have had to be in a coma for 15 years. What's his sudden interest now?
The mother was not married to either of us. As for his interest now, many attempts over the years for her to get to know him failed. Now my daughter has some drama going on and the biological "person" feels he should have her in his care. My daughter and I have been through many situations in her life that have worked themselves out without his involvement but now he wants to be more involved. I guess it's at his convenience fjudging from the past.
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joypulv's Avatar
joypulv Posts: 11,939, Reputation: 9196
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#8

Mar 9, 2011, 07:54 AM
Courts are well aware of typical teen rebellion against one parent and the desire to be with the other, if that is behind this story.
I don't know what Ohio will do. Given her age, I suspect that her wishes will be heard but not be the determining factor by any means. If he really sues for custody and isn't happy with visitation, gather your documents showing all attempts to get him involved and hire a good lawyer.
Teens often find that the grass isn't greener and come right home again.
allenkes (Mar 9, 2011 08:21 AM): There is no rebellion going on. The biological father now wants to step in and she wants nothing to do with him.   Source:
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allenkes's Avatar
allenkes Posts: 10, Reputation: 10
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#9

Mar 9, 2011, 08:23 AM
Comment on joypulv's post
Quote:
Originally Posted by joypulv View Post
Courts are well aware of typical teen rebellion against one parent and the desire to be with the other, if that is behind this story.
I don't know what Ohio will do. Given her age, I suspect that her wishes will be heard but not be the determining factor by any means. If he really sues for custody and isn't happy with visitation, gather your documents showing all attempts to get him involved and hire a good lawyer.
Teens often find that the grass isn't greener and come right home again.
She is not rebelling towards me. The biological father now wants to step in and she wants nothing to do with him. He's threatening to take custody of her and she is freaking out.
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GV70's Avatar
GV70 Posts: 2,878, Reputation: 1431
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#10

Mar 9, 2011, 08:26 AM


Quote:
Originally Posted by joypulv View Post
I don't know what Ohio will do.
Great! Thus you do not need to give legal advices.
1. In the state of Ohio the best interest of the child IS NOT considered in paternity cases.
2. A presumption can be rebutted by clear and convince evidence/DNA test/
3
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