If a guy signs a child's birth certificate and is involved in that child's life for 3 years until the "biological father" comes forward with a dna test saying that he is the father. Will the first one have lost all of his rights and the biological father now have rights or will the first one get to keep his rights since he has been their since day one. Biological father has also been their since day one. Mother told both they were the father with out the other one knowing when the child was born. Nobody is married.

Will depend on the state, If the state you are located allows the bio father to file for rights, yes, when bio father gains his rights, the man who committed fraud and lied about being the father, will have no rights what so ever if the other one wins his rights in court

Quote:

---

Originally Posted by Fr_Chuck

Will depend on the state, If the state you are located allows the bio father to file for rights, yes, when bio father gains his rights, the man who committed fraud and lied about being the father, will have no rights what so ever if the other one wins his rights in court

---

Kissy did not say that this man lied or committed fraud. It could very easily be that he "signed the birth certificate", believing that he was actually the biological father.

Some jurisdictions recognize a "psychological parent" theory and, under exceptional circumstances, award custody to such persons despite biology.

Quote:

---

Originally Posted by kissy2

If a guy signs a childs birth certificate and is involved in that childs life for 3 years until the "biological father" comes forward with a dna test saying that he is the father. Will the first one have lost all of his rights and the biological father now have rights or will the first one get to keep his rights since he has been their since day one. Biological father has also been their since day one. Mother told both they were the father with out the other one knowing when the child was born. Nobody is married.

---

Out of the legal side... Is it homework?
In the state of Ohio a non-biological father has no rights.The best interest of a child is not considered,a "psychological parent" theory is not recognized in Ohio.

3111.01 Parent and child relationship defined.
(A) As used in sections 3111.01 to 3111.85 of the Revised Code, “parent and child relationship” means the legal relationship that exists between a child and the child's natural or adoptive parents and upon which those sections and any other provision of the Revised Code confer or impose rights, privileges, duties, and obligations. The “parent and child relationship” includes the mother and child relationship and the father and child relationship.

3111.04 Standing to bring paternity action.

(A) An action to determine the existence or nonexistence of the father and child relationship may be brought by the child or the child's personal representative, the child's mother or her personal representative, a man alleged or alleging himself to be the child's father, the child support enforcement agency of the county in which the child resides if the child's mother, father, or alleged father is a recipient of public assistance or of services under Title IV-D of the “Social Security Act,” 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the alleged father's personal representative.

3111.05 Statute of limitations.

An action to determine the existence or nonexistence of the father and child relationship may not be brought later than five years after the child reaches the age of eighteen.

According to S.Brown from Delaware County CSEA ,Ohio Chapter 3111 leads to:
* Lack of any notice requirement (or consideration of due process rights) for the presumed father of the child when another alleged father makes an allegation of paternity.

*Disregard of the non-biological father?s role in raising the child. There may be a difference between a psychological father vs. a biological father.

*Disregard of the psychological consequences that disestablishment may have on the child.

Counties that have policies of not rebutting presumptions still provide a means for a parent to dispute paternity of a child. In addition, Section 3111.84 of the Ohio Revised Code provides a legal avenue for relief .

Quote:

---

Originally Posted by kissy2

Will the first one have lost all of his rights

---

Short answer-YES!