my x boyfriend decided to put his name on my baby's birth certificate,he is not the real father,and he knows hes not..now he just got out of jail and was a heroin addict...He wants visitation rights now,we have been living with my new boyfriend for 9 months and now he calls him daddy,what are his rights??????

ScottGem

If he's on the bc, he's considered the legal father. So he may be able to get visitation. Given his criminal history it would proabably be supervised, at least at first.

If you want to fight it, you will need to have a DNA test ordered showing he's not the father.

stinawords

Because he is on the birth certificate he is the legal father. As scott pointed out if you want to fight his ability to get visits you have to go to court first to petition the judge to order a DNA test.

Fr_Chuck

Yes, since you and he decided to commit fraud and lie about him being the father he is the legal father, In some states in the US, after being listed as the father on the birth certificate for a number of years, they can not be removed even if they latter turn out not to be the real father, in other states they can be removed as the father when DNA proves they are not, and in some cases the real father located and proved to be the father. So you wlll need to challege his right to be the father in court by DNA name the actual real father and get them tested to prove them be the father.

As long as he is listed on the birth certificate he has the right to ask for visitation and has the obligation to pay child support