I am not the biological father but my name is on birth certificate what rights do I h

JudyKayTee · Jan 11, 2009, 12:24 PM

Quote:

Originally Posted by smashed_08

I have an 11 month old daughter who at the time of birth thought and believed to be mine. Just recently I found out that she is not mine bilogicaly and my name is on the birth certificate. And now the biological father may want to step in, what rights do I have?

Go to Court and file a Motion to establish paternity. Court ordered DNA will determine if you are or are not the father. What happens - or can happen - after that depends on your State.

ScottGem · Jan 11, 2009, 12:32 PM

Given the timing, there is a good possibility that the bio father will be able to exert his rights leaving you on the outside. T will depend on state laws.

JudyKayTee · Jan 12, 2009, 06:29 AM

[quote=Comments on this post
Smashed_08 disagrees: it doesn't say anything bout the birh certificate or what I can or can't do
[/QUOTE]

What part of "it will depend on your State" don't you understand?

Please read the rules of the site -
Ask Me Help Desk - FAQ: Terms of Service, FAQ and How To Use This Site

ScottGem · Jan 12, 2009, 09:00 AM

Comments on this post
smashed_08 disagrees: it doesn't say anything bout the birh certificate or what I can or can't do

First, may I call your attention to the guidelines for using the comments feature found here:

http://www.askmehelpdesk.com/feedbac...ure-24951.html

Not every question can be answered right off the bat. Very often the asker doesn't provide enough info to provide an answer. That's why more details are requested. Therefore its inappropriate to give a negative rating until you provide the info requested.

smashed_08 · Jan 15, 2009, 05:47 AM

I am not the biological father but my name is on the birth certificate and I had raised the child for the past 11 months since she was born. Prior to the birth of the child I had supported the mother in every way. I have been trying to seek some type of visitation, but the mother has been refusing. And also I have paid for all of her expenses for the past 3 yrs. She has put myself and my entire family in a serious emotional state. I was wondering if it would possible to sue her for visitation and emotional damages and expenses during the past 3 yrs?

George_1950 · Jan 15, 2009, 06:01 AM

My hunch is that once you state in your petition/complaint that you are not the father, you have seriously undermined your case. Just curious: how do you know you are not the father? And, why did your name get on the birth certificate?

stevetcg · Jan 15, 2009, 09:28 AM

Visitation - possibly. Emotional damages and expenses... Highly unlikely. In many areas, since you are on the birth certificate and held yourself to the world as the father, that makes you the legal father and as such, you would be entitled to visitation.

You are going to want to get yourself a good family law lawyer and pursue the visitation in court. Quickly.

cdad · Jan 15, 2009, 04:53 PM

Since your name is on the birth certificate then file for custody. Since you had paid for expenses and your name somehow got on it your the legal ( presumed ) father at this time until another steps forward or until the courts say your not. If she started a support order you would be the one they chase after at this point. Go file and please keep us posted.

smashed_08 · Jan 19, 2009, 10:46 AM

Can the mother have the fathers name removed from the birth certificate if it is found that the father listed is Not the biological father. And if it would be possible could it be done without me being notified?

I am not the biological father but my name is on birth certificate what rights do I h

Check out some similar questions!