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callmemom · Dec 14, 2010, 06:09 AM

So me and my husband got married about 3 months before my 7 year old son was born and we have always known that there is a chance that my son isn't biologically my husbands but my husband signed the birth certificate and has treated him no different than our other son. Well the man who is the probable father has tried to make contact with my son but I won't allow it, he has turned into a drunk and dabbled in drugs and that is no place for my son to be and my husband is the only father he has ever known. Well now the probable father is trying to clean himself up for about the 8th time and I am afraid he is going to try and get some legal right to my son. Now I know my husbands name is on the birth certificate and I know that before anything would happen they would have to establish paternity but my question is would he have a leg to stand on, he has been a drunk and done drugs this whole 7 years and yes he has tried to make contact but it was in the best interest of my son that I say no and he already has a father and has no clue who this man is, but he does see this mans parents I know how this all sounds I am just trying to get a little bit of answers so if anyone has any I would appreciate them.

this8384 · Dec 14, 2010, 09:42 AM

Originally Posted by callmemom

So me and my husband got married about 3 months before my 7 year old son was born and we have always known that there is a chance that my son isn't biologically my husbands but my husband signed the birth certificate and has treated him no different than our other son. Well the man who is the probable father has tried to make contact with my son but I wont allow it, he has turned into a drunk and dabbled in drugs and that is no place for my son to be and my husband is the only father he has ever known. Well now the probable father is trying to clean himself up for about the 8th time and I am afraid he is going to try and get some legal right to my son. Now I know my husbands name is on the birth certificate and I know that before anything would happen they would have to establish paternity but my question is would he have a leg to stand on, he has been a drunk and done drugs this whole 7 years and yes he has tried to make contact but it was in the best interest of my son that I say no and he already has a father and has no clue who this man is, but he does see this mans parents I know how this all sounds I am just trying to get a little bit of answers so if anyone has any I would appreciate them.

Congratulations, you're guilty of fraud.

Would your ex have a leg to stand on? Yes, he's (potentially) the child's biological father.

The only way you'd be able to keep him away from the child is by proving that he is harmful and your child would be in danger if he was around this man.

callmemom · Dec 14, 2010, 12:42 PM

How am I guilty of fraud we weren't positive that my son wasn't my husbands until later?

this8384 · Dec 14, 2010, 01:07 PM

Originally Posted by callmemom

how am i guilty of fraud we werent positive that my son wasnt my husbands until later?

Your husband signed a birth certificate knowing that the child may not have been biologically his. That is fraud.

If you had a question, then you should have done a paternity test immediately. Not forged the father's name.

callmemom · Dec 14, 2010, 01:54 PM

My husband didn't forged anyone's name he signed his name thinking he was the father of our son and later we came to believe that he is not biologically the father that is not forgery or fraud and you seem to be attacking mewith the whole

callmemom · Dec 14, 2010, 01:55 PM

Congratulations, you're guilty of fraud.

Would your ex have a leg to stand on? Yes, he's (potentially) the child's biological father

callmemom · Dec 14, 2010, 01:56 PM

I had a question I am sorry I came on here for an answer thanks

this8384 · Dec 14, 2010, 01:58 PM

Originally Posted by callmemom

my husband didnt forged anyones name he signed his name thinking he was the father of our son and later we came to believe that he is not biologically the father that is not forgery or fraud and you seem to be attacking mewith the whole

I am not attacking you. I am stating a fact. You knew that you had sex with someone else and your husband very well may not be the biological father, yet you put his name on the birth certificate. That is illegal.

The other man could very well have rights if he is proven to be the biological father.

cdad · Dec 14, 2010, 02:26 PM

Originally Posted by this8384

Congratulations, you're guilty of fraud.

Would your ex have a leg to stand on? Yes, he's (potentially) the child's biological father.

The only way you'd be able to keep him away from the child is by proving that he is harmful and your child would be in danger if he was around this man.

I hate to disagree here but if the timeline is as stated then the husband had every right to sign the birth certificate and isn't guilty of anything.

The reason being as determined by law the father (presumed) of the child is the husband when the child is born inside of the marriage.

The tough part is the in Ohio law there is no time limit for the bio father to contest it. But that is weighed against what is already going on and the relationship that exists already. The courts would have a means test before allowing the contest to proceed.

So to answer your question of "does the bio father have a leg to stand on?". Only the courts know for sure. Can he try something (yes) but it doesn't mean its going to happen.

Ohio Paternity Law - Paternity Laws - Paternity

this8384 · Dec 14, 2010, 02:43 PM

Originally Posted by califdadof3

I hate to disagree here but if the timeline is as stated then the husband had every right to sign the birth certificate and isnt guilty of anything.

The reason being as determined by law the father (presumed) of the child is the husband when the child is born inside of the marriage.

The tough part is the in Ohio law there is no time limit for the bio father to contest it. But that is weighed against what is already going on and the relationship that exists already. The courts would have a means test before allowing the contest to proceed.

So to answer your question of "does the bio father have a leg to stand on?". Only the courts know for sure. Can he try something (yes) but it doesnt mean its going to happen.

Ohio Paternity Law - Paternity Laws - Paternity

I'm reading that the husband is assumed to be the father. That being said, I still don't see how one can rationalize forging a birth certificate knowing that the information being provided is potentially false.

I knew someone who separated from his wife; she had another child with someone else and gave the child the other man's name. The court then petitioned her husband for child support - her husband never signed the birth certificate, yet the court was considering him the biological father because they were married.

I understand that the state will consider the child to be the husband's child; however, that's a different issue from signing a birth certificate when you know that there is not a 100% chance the child is yours. Is my question making sense?

callmemom · Dec 14, 2010, 02:51 PM

Thank you for your answer, that is all I was looking for and we will be seeing a lawyer next week to findout what our options are. Now would you by chance have any idea what we will need to do because the bio father has had no contact with the child

callmemom · Dec 14, 2010, 02:52 PM

So would my husband need to adopt our son even though his name is on his birth certificate? Do you have any idea

cdad · Dec 14, 2010, 02:54 PM

Originally Posted by this8384

I'm reading that the husband is assumed to be the father. That being said, I still don't see how one can rationalize forging a birth certificate knowing that the information being provided is potentially false.

I knew someone who separated from his wife; she had another child with someone else and gave the child the other man's name. The court then petitioned her husband for child support - her husband never signed the birth certificate, yet the court was considering him the biological father because they were married.

I understand that the state will consider the child to be the husband's child; however, that's a different issue from signing a birth certificate when you know that there is not a 100% chance the child is yours. Is my question making sense?

Sure it makes sense. But here is the rub. When you are the father of the child (presumed or otherwise) then there are legal responsibilities bestowed on you. You have rights under the law and until that changes then those rights remain. In other states the bio father can NOT challenge at all unless one of the other parties agrees. As we see with Ohio law even the child by way of a representative can challenge in a court of law. But as far as the OP's question the legal father is her husband until the courts change that. And the bio father after 7 years may have given up his right to challenge because of the existing relationship between father and child.

Only the courts can overturn that relationship. Once established by marriage then there are limitations to a challenge. As with most laws "best interest of the child" is held to the standard by which the case would be judged.

this8384 · Dec 14, 2010, 03:01 PM

Originally Posted by callmemom

so would my husband need to adopt our son even though his name is on his birth certificate? do you have any idea

At this point, your husband is considered the legal father of the child. If the other man files in court and it is discovered that he is the father and not your husband, then the courts will do one of two things:
1)Grant rights to the biological father, stating it is in the child's best interests to have a relationship with his father
2)Deny rights to the biological father, stating it is in the child's best interests not to disturb the lifestyle that is already set for him by you and your husband.

Your husband cannot "adopt" a child that is considered his. If the courts grant the other man rights, your husband cannot adopt the child without the father's consent.

cdad · Dec 14, 2010, 03:07 PM

Originally Posted by this8384

At this point, your husband is considered the legal father of the child. If the other man files in court and it is discovered that he is the father and not your husband, then the courts will do one of two things:
1)Grant rights to the biological father, stating it is in the child's best interests to have a relationship with his father
2)Deny rights to the biological father, stating it is in the child's best interests not to disturb the lifestyle that is already set for him by you and your husband.

Your husband cannot "adopt" a child that is considered his. If the courts grant the other man rights, your husband cannot adopt the child without the father's consent.

As confusing as it sounds that's exactly right. As of now until a court changes it the husband IS the father of the child. Also the way I read the law there is a means test before any challenge could proceed so both sides of the coin are showing at this point.

callmemom · Dec 14, 2010, 03:58 PM

See my only worry if left alone is what happens if I were to die (I know morbid but I have to think about it) and then the bio father goes to the court would they take our son from the only father he has ever known because he is not his bio father?

callmemom · Dec 14, 2010, 04:00 PM

Also the way I read the law there is a means test before any challenge could proceed so both sides of the coin are showing at this point.
I don't quite understand what you mean here

callmemom · Dec 14, 2010, 04:11 PM

OK well I apologize I thought because my son was born in Ohio and that is our home of record that it is the state that we would deal with but it isn't it would be nc so but thank you for the info.

ScottGem · Dec 14, 2010, 04:34 PM

First, please don't use the comments feature for followups,that's not what its intended for. Use the Answer options instead.

Its not as cut and dried as portrayed. The courts could leave your husband as the legal father but give the bio father visitation to be a part of your child's life.

callmemom · Dec 14, 2010, 04:55 PM

My question is I guess is there anyway for us to try and stop that before it starts that is why I asked about adoption, because I stated previously he will not be a good influence in my sons life and I would rather start the ball rolling then wait for it to come and bite me in the butt when we are not expecting it (if we can)
And I apologize about the comments I am new to this and didn't know how it worked.