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    william soden's Avatar
    william soden Posts: 1, Reputation: 1
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    #1

    Jan 17, 2009, 09:32 AM
    Nonbiological parent
    I was in a relationship for 7 years with a woman who was pregnant when we began living together. She did not disclose this info to me, after 2-3 years I began to notice things that lead me to believe that the baby is not mine. However, I chose to stay for quite some time. Last year our relationship ended and now that she is with someone new they feel my name should be removed from her birth certificate and her new husband allowed to adopt the child. As an unwed, unbiological father do I have any rights?
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    Jan 17, 2009, 09:37 AM

    This is a tough one. It will depend a lot on the laws of the state that you live in. Since you believed you were the fahter, your name was on the BC and you acted as if you were the father, your rights as the legal father may not be able to be challenged.

    I would highly recommend seeing a lawyer that specializes in family law in your local county. S/He will know best your rights.

    Edited to add: I *believe* you are the legal father, giving you the full rights and responsibilities involved in that. If you signed an acknoledgement of paternity when the child was born, you ARE the legal father and an adoption cannot take place without your consent. Keep in mind this will also entitle you to visitation and obligate you to pay child support. But check with a lawyer, and fast.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 17, 2009, 09:48 AM

    At this point your name is on the birth certificate, in many states if after a number of years they can not even challenge your right as the father since you are on the birth certificate.

    In other states if you acted as father even if not on birth certificate you can have some level of rights.

    In other states if they prove by DNA tests you are not the father, they can remove your name and you have no rights.

    So where you are at makes a difference and what you want to try and do.

    In all cases you have to get a attorney locally. But as long as you are on the birth certificate you are the legal father of that child

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