When my child was born my ex and I were married, I assumed that this was my child and she never said otherwise. I signed the birth certificate and accepted responsibility for my child. Months later I was informed that I was not the bio father when my ex and I split, she informed the other man that he was the father in a attempt to become involved in a relationship with him. He informed her that he already had a girlfriend that she was pregnant and that he wanted nothing to do with the child. We later reconciled and I raised and took care of this child, this child knows me as daddy and has no clue of anything else. I know have full custody of this child and have for years as she has been a absent mother in all explanations of the word. It has gotten back to me that she has talked to some friends about attempting to take this child away because I am not the bio dad. What are her chances of being able to take my child away when she has had no part in the raising or supporting of this child?

Not very good. ANY question on law needs to include your general locale as laws vary by area.

But you are the legal father. Depending on where you are, it may be too late for her to challenge paternity.

The child was born in Nashville Tennessee, however some years ago I moved with the child to the North Carolina Coast. The child is almost 10 years old, the only reason she is doing this is because she was told that she has no chance in taking primary custody from me unless there was a change in circumstance. She feels this is a change in circumstance as well as I was good enough to be the father but now it doesn't work to her advantage, so I should'nt be allowed to be the father anymore.

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Originally Posted by kermitthefrog

I raised and took care of this child, this child knows me as daddy and has no clue of anything else.

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Sorry but it does not have any legal values in TN and/ probably/ NC.
I DO NOT SAY IT IS RIGHT OR WRONG. IT IS JUST THE LAW.

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Originally Posted by ScottGem

Depending on where you are, it may be too late for her to challenge paternity.

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Not too late!
It depends on which is "the home state"- Tennessee or North Carolina. By the way if she files for paternity determination, you will be out of luck
According to TN laws the biological father is always the legal father, and it was upheld many times by TN Supreme court/ In re-T.K.Y. is the first and most important case./

In FRANKLIN v. FRANKLIN,/ February 11, 2008 Session TN Ct App/, the legal non-biological father who had been the primary custodian of a child, lost his rights for custody because he was not connected biologically to the child.
/After a trial, the Trial court entered a Final Decree of Divorce, inter alia, granting Husband a divorce; holding that Freeman is the biological father of J.A.F. but that Husband is the legal father... and awarding primary residential custody of both minor children to Husband with Wife to have co-parenting time... We reverse the termination of Freeman's parental
rights to J.A.F. reverse the Trial Court's order granting custody of J.A.F. to Husband, vacate that portion of the Trial Court's order distributing the marital home, and remand this case to the Trial Court to effectuate the custody transfer of J.A.F. to Wife.. /


North Carolina laws:
§ 49‑12.1. Legitimation when mother married.

(a) The putative father of a child born to a mother who is married to another man may file a special proceeding to legitimate the child. The procedures shall be the same as those specified by G.S. 49‑10, except that the spouse of the mother of the child shall be a necessary party to the proceeding and shall be properly served. A guardian ad litem shall be appointed to represent the child if the child is a minor.

(b) The presumption of legitimacy can be overcome by clear and convincing evidence.
§ 49‑14
(a) The paternity of a child born out of wedlock may be established by civil action at any time prior to such child's eighteenth birthday.
(d) If the action to establish paternity is brought more than three years after birth of a child or is brought after the death of the putative father, paternity shall not be established in a contested case without evidence from a blood or genetic marker test

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Originally Posted by kermitthefrog

The child was born in Nashville Tennessee, however some years ago I moved with the child to the North Carolina Coast. The child is almost 10 years old, the only reason she is doing this is because she was told that she has no chance in taking primary custody from me unless there was a change in circumstance. She feels this is a change in circumstance as well as I was good enough to be the father but now it doesn't work to her advantage, so I should'nt be allowed to be the father anymore.

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Unfortunately, as GV has pointed out, the law where you live doesn't help you much. This is not a change in circumstance, but given the letter of the law, since you are not the bio father, she may be able to challenge it.

For right now, all you are hearing are rumors. Hopefully that is all it is. But if you do get a summons, then you will need an attorney to defend your custody. The law gives her the chance to, at least, get the question before a court.