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    jennifer26's Avatar
    jennifer26 Posts: 4, Reputation: 1
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    #1

    Mar 27, 2009, 02:30 PM
    Birth father rights
    If my husbands name is on my daughters birth certificate but is not the biological father she 1s 16 already. If her biological father comes after he bailed on me 16 years ago can he try to get a DNA test so he can start seeing or is his rights gone already. Also should my husband actually adopted her so her biological father has no say so. What should I do?
    jennifer26's Avatar
    jennifer26 Posts: 4, Reputation: 1
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    #2

    Mar 27, 2009, 02:31 PM
    Birth father rights
    We live in NY and If my husbands name is on my daughters birth certificate but is not the biological father she 1s 16 already. If her biological father comes after he bailed on me 16 years ago can he try to get a DNA test so he can start seeing or is his rights gone already. Also should my husband actually adopted her so her biological father has no say so. What should I do?
    Justwantfair's Avatar
    Justwantfair Posts: 3,422, Reputation: 944
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    #3

    Mar 27, 2009, 02:31 PM

    Were you married when your daughter was born?
    jennifer26's Avatar
    jennifer26 Posts: 4, Reputation: 1
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    #4

    Mar 27, 2009, 02:36 PM

    No I got married after she was 3 and changed her name to my husband name because she had my last name.
    Justwantfair's Avatar
    Justwantfair Posts: 3,422, Reputation: 944
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    #5

    Mar 27, 2009, 02:36 PM

    When was his name added to her birth certificate?
    jennifer26's Avatar
    jennifer26 Posts: 4, Reputation: 1
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    #6

    Mar 27, 2009, 02:39 PM
    Right after we had gottan married she was 3 he was in our lives when she was 10 months old
    loverbabe123456's Avatar
    loverbabe123456 Posts: 2, Reputation: 1
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    #7

    Mar 27, 2009, 02:40 PM

    Yes he can but if he is abusive or anything no he can't you just have to prove if he is abusive or sexually or anything but if he isn't any of those you he can good luck
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #8

    Mar 27, 2009, 03:20 PM
    Quote Originally Posted by jennifer26 View Post
    If my husbands name is on my daughters birth certificate but is not the biological father she 1s 16 already. If her biological father comes after he bailed on me 16 years ago can he try to get a DNA test so he can start seeing or is his rights gone already. Also should my husband actually adopted her so her biological father has no say so. What should i do?
    A lot can depend on the state you live in. Many states use the " husband " as the putative father. So if you were married to him then the child is presumed his and can not be challenged. Some have time limits on how long anyone can contest a birth certificate. So not knowing your state or a little more detail then at this time I don't have a recommendation beyond trying to give us more info and a timeline.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Mar 27, 2009, 03:25 PM
    Quote Originally Posted by jennifer26 View Post
    No I got married after she was 3 and changed her name to my husband name because she had my last name.

    How did you change her name? It may not have been legally done.

    But as Califdad said the laws vary from state to state so we don't really now how the laws will apply to you. You may have broken the law by changing her name or you may not.

    Your husband may have to adopt or he may not. The bio father might be able to reclaim his rights or he may not.

    P.S. I merged your threads for you.
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