When my kid was born the mother was legally married. The named father never had kids of his own and played the daddy role. Now come to find out he lied to both the mother and myself about the DNA results. He does not want to acknowledge that I am the father. The mother and I recently did a test and discovered the truth. What rights do I have to be put on the because in the state of Louisiana. The mother wants the change made as well. Does he have any rights to stay on the birth certificate? Would it be a easy process to go to court and show DNA results and have the because corrected?

First since they were legally married, he is the legal father, it works that way.

Are they still married or are they divorced now ?

No. They were separated at the time of conception and had one night together. They have never been together at all since. Plus now that the mother has discovered the lie about the DNA results from the home kit done right after birth he is panicing and trying to keep the child from the mother. She is going for custody and to have him removed and me added. Is this possible?

She is remarried. And she still wants the child to see the liar kn visits if its safe because its not the.child's fault

It should be possible, but the ex will have no rights to visit.

Thank you for your help. Just trying to get an idea of how difficult this process will be. If we (mother and I ) get an attorney and go file in court do you think it will be speedy or a drawn out process?

How old is the child?

Does the child have a good relationship with the person she thinks is her father?

I think that the main question you should be asking isn't whether you can be named as the father, but what damage will be done to the child if the only father she's ever known is suddenly taken away from her. You're a stranger to this child.

Well actually the child is 11 and knows me as a family friend. I was robbed of the opportunity to be her father and I want to build a relationship on those terms. I don't want to take the child from the mother (which is what the legal father is trying to do) and neither the mother nor myself want to exclude the legal father from her life in any way, its not the child's fault. The only reason that I even want it to be legally changed is because the legal father doesn't want the child to know and for that reason is trying to keep the child from the mother right now as well. Once its determined that he won't run with her they can visit as much as the child wants with either of us actually. We are trying to work this out in the best interest for her and the legal father just wants us to go away period. I to consider honesty a virtue and the legal father had no right to do this and I just want the truth known and to grow from there.

You and the mother don't have a case together, she has the right to file claiming he is not the father and should have no visitation rights and no rights to child. She can name you as the father. You would then also file a separate petition to establish paternity of the child, be named the father.

Yes you need an attorney, it is not that easy, esp if he fights it

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Originally Posted by Fr_Chuck

You and the mother don't have a case together, she has the right to file claiming he is not the father and should have no visitation rights and no rights to child. She can name you as the father. you would then also file a separate petition to establish paternity of the child, be named the father.

yes you need an attorney, it is not that easy, esp if he fights it

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Chuck. If the OP goes through with this and wins, what are the chances that the father this child has known for 11 years, will be allowed to stay in her life, even if the mother and bio dad agree?

From what I'm reading, if the mother fights this and the OP is named the father, this child will lose all contact with the man she's known as her father for 11 years.

I know I couldn't do that to a child, not just to prove something.