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abra_24 · Aug 10, 2010, 10:48 PM

I got pregnant about 5 years ago - I basically ended a relationship and started a new one with someone else so when I found out I was pregnant, I was never sure who's child it was. But I made the decision to marry this guy and we decided not to do a paternity test and to raise him under the assumption that it was his child. Now, we are going through a divorce and he is trying to get custody. He is telling lies about me and making false accusations about me being an alcoholic - which is so far from the truth, it's ridiculous. I found my ex-boyfriend and he said that he would take a paternity test. My question is, would my current husband who is trying to get full custody of my son have any rights to him if we found out he isn't actually the biological father? We were married a few months before the birth of my son and so his name is on the birth certificate. This is in ND. I didn't want it to come to this, but I have to do whatever I can to make sure my soon to be ex husband doesn't get sole custody of my son - he can't take care of a child. He has no job and he lives with his parents.

GV70 · Aug 11, 2010, 01:57 AM

Originally Posted by abra_24

My question is, would my current husband who is trying to get full custody of my son have any rights to him if we found out he isn't actually the biological father? We were married a few months before the birth of my son and so his name is on the birth certificate. This is in ND. I didn't want it to come to this, but I have to do whatever I can to make sure my soon to be ex husband doesn't get sole custody of my son - he can't take care of a child. He has no job and he lives with his parents.

Yes-he has rights to get sole custody./It is the legal term for "FULL CUSTODY". BTW there are Physical and Legal custody, both can be sole and/or joint/Example-sole physical custody for CP and visitation for NCP and joint legal custody/

The child was born during the marriage thus he is presumed father of the child. North Dakota adopted a form of UPA and there is a limit to contest the paternity.
North Dakota Uniform Parentage Act
14-20-10. (204) Presumption of paternity.
1. A man is presumed to be the father of a child if:
a. He and the mother of the child are married to each other and the child is born during the marriage;

14-20-42. (607) Limitation - Child having presumed father.
1. Except as otherwise provided in subsection 2, a proceeding brought by a presumed father, the mother, or another individual to adjudicate the parentage of a child having a presumed father must be commenced not later than two years after the birth of the child.
2.A proceeding seeking to disprove the father-child relationship between a child and the child's presumed father may be maintained at any time if the court determines that:
b. The presumed father never openly held out the child as his own.

And it is not your case.
Sorry-you have no legal resources to claim non-paternity.

GV70 · Aug 11, 2010, 02:00 AM

Originally Posted by abra_24

. I found my ex-boyfriend and he said that he would take a paternity test.

I would not advise you to do it now.