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-   -   Biological father's rights (https://www.askmehelpdesk.com/showthread.php?t=339755)

  • Apr 9, 2009, 11:01 PM
    meg_9091
    Biological father's rights
    My husband and I were divorced 3 years ago. While we were divorced I dated another man for about eight monthes and got pregnant with his baby. When he found out I was pregnant he became very nervous and acted like a pathetic child. Even though he had never been married, had no children , and was 31 years old he stated that he just didn't know if he could care for a child. We stayed together for the first couple of monthes of my pregnancy and he went to my Docter's visits with me. He never would even discuss the baby and stated that he really didn't care if the baby had his last name or not and other stupid comments. We eventually broke up when I was about 6 monthes pregnant. Me and my ex husband got back together about 2 monthes before my daughter was born. My husband was in the delivery room,cut the umbilical cord, and wanted his name on my daugter's birth certificate. He is a woderful daddy and shows no difference between my daughter and his other two biological children. THey all three have his last name.:rolleyes: He loves her dearly and is scared to death that her biological father can one day decide that he wants to see her and doesn't know exactley how the law's work in that situation. Does anyone know what right's the biological father has even if he has seen her only 2 times and not since she was 2 weeks old. He also tells everyone that she is not his that she is really my husbands. My husband is a beautiful father to her and the only one she has ever known. I was just wondering if the biological father were to decide that he wanted to start seeing her what exact rights would he have? I'm sorry my question was sooo long. I would really apreciate any help with my question. My Husband is really worried about it. Thanks soooooooo much:)
  • Apr 10, 2009, 12:33 AM
    45notdaddy

    As far as what I've seen your husband is the "legal" father of the child and "bio" daddy will have one hell of a time trying to exercise any rights in the matter. Wait for a few more responses, but I'm pretty sure you'll be fine.
  • Apr 10, 2009, 03:35 AM
    stevetcg

    Depending on your state, your husband may, in fact, be the legal father of the child. Did you put his name on the birth certificate?

    Ultimately the way to handle this would be for your husband to adopt the baby. That would permanently remove the bio-father from the picture. It sounds to me like he would be OK with that.

    Speak to a local family law lawyer. He will best be able to assess the situation with legal vs biological parentage.
  • Apr 10, 2009, 03:37 AM
    stevetcg
    Sorry - I didn't answer your actual question.

    If your ex wanted to exercise rights, he would have to go to court and file for paternity and visitation. He may or may not be able to do that based on the age of the child now and the state that you reside in.

    But my previous response stands - see a lawyer for this one.
  • Apr 12, 2009, 09:02 AM
    GV70

    Which state?
    If you are in Maine the BF can step on the plate till child's 18 y.
    If you are in Pa, he can dispute nothing.

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