[taylor2000]

I just found out I have a 2 month old son. I have already established paternity leagally but the girl is married and her husband signed the birth certificate. Do I have rights and can I get this fixed as I was not told about my son

[GV70]

I just found out i have a 2 month old son. I have already established paternity leagally but the girl is married and her husband signed the birth certificate. Do i have rights and can i get this fixed as i was not told about my son

There is something unclear here... How did you LEGALLY establish your paternity?

[Fr_Chuck]

If she is married in "most" places the husband will be considered the father.

So how did you "legally" establish paternity, if you live in a state ( if in the US) that allows, you go to the same court that ordered the paternity test, since that is the only legal way to establish paternity is in court, so you would have filed a motion in court to establish paternity, so that same court you file to have you added to the birth certificate and file for child visits and arrange child support.

So I guess we need to know more on what you have reallly done and what court actions you have done so far

[taylor2000]

She agreed to a paternity test we haven't been to court but if that's the case then I do not understand how I have no say so when the test proves I am the biological father and I was not told or given a choice in the matter. I have had a legal paternity done through dna diagnostics and the test is positive the I am the father

[ScottGem]

You keep throwing around the word legal in regards to paternity but then say "we havent been to court". In that case you have NOT legally established anything.

As noted, in just about every US state (ANY question on law needs to include your general locale as laws vary by area.) when a child is born to a married couple the husband is presumed to be the father. That presumption may be challenged depending on local laws. But it has to be done through a court.

So you have legally established nothing. You may have scientifically established paternity, but whether a court accepts the test or not is in question. Most courts will order their own test.

So what you need to do is get an attorney and go to court to establish real legal paternity and petition for joint legal custody and visitation. The mother will probably counter with a petition for child support.

You also understand you may be ruining a marriage. I don't know how you came to have sex with this woman in the first place, but you need to carefully consider your next steps.

[Fr_Chuck]

Yes all you have is a report from a lab that says you are the father, that does not establish anything, till it is filed in court and the court accepts it.

1. Is this lab even an accepted lab by your local court ? Most courts only accept 2 or 3 labs. If this is one of those "we do all tests" or "whose the baby daddy" labs, most likely you will still have to do another one though the courts.

But you will need to do all of this in court,

[AK lawyer]

... i do not understand how i have no say

... i was not told or given a choice in the matter. ...

She raped you while you were under anaesthesia?