I found out that my wife had a one night stand on me after she was already four months pregnant. We were going to have an abortion but after the guy said that if the baby was his that either way he wanted nothing to do with the baby we decided to keep it. I also didn't know if the baby was mine and couldn't kill it. After the baby was three months old he came back in the picture and wanted a DNA test in which it turned out that he is the biological father. Now he wants visitation rights. My wife is upset because she doesn't even know him or remember what he looks like. She met him through a friend of her sister's one night and she got real drunk. He had sex with he while she was almost passed out. We have been communicating with him via a third party. I am a disabled veteran and he is in the navy and after talking to his superiors and I found out that he was not well liked because they said he was an , liar, always in trouble and has a bad temper. He is on restriction as we speak. My question is can he get visitation with all those issues and does him taking advantage of my wife while she was half passed out play a role in the court's decision? P.s he also went to jail superbowl weekend for getting in a fight with my wife's sister and his wife said she wanted nothing to do with the baby. Furthermore his wife just had a baby last month and says he doesn't even spend time with their daughter.we live in Louisiana but my wife is a legal resident of Florida because she never got her license changed and he now is stationed in Texas. Can I do anything to stop him from getting visitation.

If the child were conceived during a time in which you and your wife were living together as husband and wife and, despite his biological paternity, you and your wife have decided to make the child a part of your family (i.e. neither you nor your wife wish to challenge your status as the legal father), many (maybe most) states would deny the bio-dad any right to establish himself as the legal father thereby laying the foundation for custody or visitation rights with the child.

This is the rule in California, for example. Here, you would be the conclusively presumed father and the bio-dad would not be permitted to challenge your legal standing as father. In other words, he would have no rights whatsoever under this hypothetical.

Check with a Louisiana attorney about your state's approach to this situation.

Call a lawyer, it's free just to talk to him about the situation.

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Originally Posted by cadillac59

This is the rule in California, for example. Here, you would be the conclusively presumed father and the bio-dad would not be permitted to challenge your legal standing as father. In other words, he would have no rights whatsoever under this hypothetical.

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Hello cad:

I agree with your presumption. I disagree that the bio father has NO rights to challenge the situation.

excon

At this point I will also assume you were listed as the father on the birth certificate and since you are married you are assumed to be the father.

He can challenge this in court and get visitation right, if he is a danger he may only get "supervised" visits.
But on the other hand she can file for child support also.

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Originally Posted by excon

Hello cad:

I agree with your presumption. I disagree that the bio father has NO rights to challenge the situation.

excon

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As I said the rule varies from state to state, like so much of everything else in family law (aside from child custody and child support jurisdiction which are subject to uniform laws in all states). GV70 posted an overview of the various state approaches to this particular question earlier and I cannot recall the thread.

California's approach may be in the minority, I cannot say with certainty, but we indeed deny a bio-dad all rights to establish himself as the legal father under these narrow circumstances-- child conceived during an intact marriage with neither husband nor wife wishing to challenge the conclusive presumption. But change the facts ever so slightly and the rule is otherwise. For example, husband and wife still married but child conceived during a period in which husband and wife are living separately and apart. They reconcile and want to keep bio-dad out of the picture. Now bio-dad may have rights depending upon whether he's got one of the various presumptions of paternity going for him (example: he lived with the child and held the child out as his own for any period of time).

It's a fairly complicated area of law and very fact-driven.