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Paternity rights and responsibilities
What rights do I have to my son if he was born in a marriage and she had her husband put his name on the birth certificate. I was told off and on for 3 years that I'm not the father to now I'm the father + turned down from getting a paternity test. Now that she agreed to one after telling me I am she's not letting me she him really at all. I only got to see him twice this year only because her knew boyfriend wasn't around. She's not divorced yet and her ex was fighting for visitation and is paying child support. I can't afford this if he is going to have rites to. Please help.
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In most states when a married person has a child, the husband is presumed to be the father. If they divorce, he's the presumed father, and has the right to seek visitation, and also has the responsibility to pay support. They were married, and under the law, any child born into a marriage, is the child of the husband.
Your post is a bit hard to understand. Did you have a paternity test done? What were the results? Have you gone to court for any of this? If so, what was the outcome? Also, where do you live? Laws vary by state/country. |
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Here is what is going on. Since there is already a legal father in the picture then they have all the rights and responsibilities and you have none at all. If you believe you are the father of the child and wish to pursue it then your going to have to go through the courts to do so. Now as far as timelines you better do this quick depending on where you live there may be a SOL (statue of limitations) that may apply on a challenge to paternity.
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First, any question on law needs to include your general locale as laws vary by area.
You could have forced a paternity test by going to court for custody. Now, it may be too late depending on local laws. You should conult an attorney about your rights. |
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You have the right to go to court (maybe) even that right depends on where you live, since there may be time frames.
You will need an attorney, and file for a paternity test approved though the courts. Then if child is yours, file for visitation, and set up child support payments |
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