[MrRogers25]

I have a daughter that I "believed" was mine during my marriage. I am listed as her father on the birth certificate. I have recently found out threw DNA testing that I am not her biological father. I have been in her life since the day she was born and now my Ex- Wife is trying to take her away from me. Since I am listed as the father on her birth certificate, what are my legal rights?

[ballengerb1]

Most states will consider you to be the father for all legal matters. This could change if the bio steps forward and exercises his rights. From what you say you've gone through a divorce and that judge will have a lot to say in determining custody. What custody agreement was reached during the divorce?

[MrRogers25]

I have joint custody and the Bio father doesn't want anything to do with my daughter.

[ballengerb1]

Just keep excising all of your joint custody rights. If your wife decides to go outside the agreement , take her back to court and tell the judge she is violating his decry and your rights. Best of luck dad..

[MrRogers25]

I should be more specific. Its my ex-wife and she is violating our divorce decry. I have court this month and filed papers against her. I have been following all the custody rights, paying child support and I am a very good father. I just miss my daughter and hope soon I will see her it has been 5mos! Will anything happen to my ex since she is violating the divorce decry and do you believe that woman have the upper hand in court?

[ballengerb1]

No, I understood the ex part. A wife might have a slight edge but a great attorney can change that. If the judge sides with you and gets ticked at her he could find her in contempt but will most likely tell her to start obeying the decry now or face contempt later.

[MrRogers25]

OK well thank you for your answers I appreciate it