[helpthisdad]

I fathered a baby girl but just prior to her birth the mother told me I was not the father. I was 19 years old at the time. A few years later the mother called me and told me that she had made a mistake and the child was mine. I did get to see her a few times as the mother would meet me every once in a while. The mother did marry the man she erroneously thought was the father. My daughter is now 15 years old and for the last 2 years her and I have had some contact via her mothers cell phone. Her mother claims she told her at approximately age 8 that I was in fact her Bio-father. I have been trying amicably to see her, but her non-bio father is dead set on keeping me out of her life.

She called me on christmas day to wish me a merry christmas... best gift I have EVER received. My question ultimately is, what rights do I have as her Biological father with regards to visitation? No DNA tests have been conducted but this is one of those cases where there is ZERO chance she isn't mine.

Please help... Thank you in advance.

[GV70]

When a child is born during marriage, the husband is presumed to be the child's father, even if the wife was known to be having an affair during the marriage. If another individual believes that he is the biological father of the child, he can bring a paternity action to become the legal father. If the judge decides that it is in the best interests of the child for the non-biological father to remain the legal father, then that will be the outcome.

The legal father of a child is recognized by the court system as the child's father. He has all the legal rights and responsibilities of and to the child whether he is the biological father.

At least in 40 states you do not have legal resources to get what you want.
Firstly-the girl was born in a lawful marriage thus the husband is presumed to be her father.
Secondly-15 years has passed since her birth and visitation can embarrass and weaken the family bonds between him and his wife and daughter.

Legally speaking - I am in doubt whether you have any rights or not even if you are a biological father .

[helpthisdad]

Thank you for your answer. I think I will seek legal counsel.

[JKendall404]

Just curious what state are you in?

[GV70]

Just curious what state are you in?

It is always a good question.
The law varies from state to state.
For example-the states which adopted the UPA have time limits.In California there is two-year /since birth/statute of limitation to dispute paternity. It is DEADLINE.
In Maine there is no limitation and paternity can be disputed at anytime.
In the "GLORIOUS" state of Tennessee paternity may be disputed only to marital children but not to marital children where a man executed voluntary paternity acknowledgment.It is a really strange thinking.

[artlady]

When a child is born during marriage, the husband is presumed to be the child's father, even if the wife was known to be having an affair during the marriage. If another individual believes that he is the biological father of the child, he can bring a paternity action to become the legal father. If the judge decides that it is in the best interests of the child for the non-biological father to remain the legal father, then that will be the outcome.

The legal father of a child is recognized by the court system as the child's father. He has all the legal rights and responsibilities of and to the child whether or not he is the biological father.

At least in 40 states you do not have legal resources to get what you want.
Firstly-the girl was born in a lawful marriage thus the husband is presumed to be her father.
Secondly-15 years has passed since her birth and visitation can embarrass and weaken the family bonds between him and his wife and daughter.

Legally speaking - I am in doubt whether you have any rights or not even if you are a biological father .

If he is the biological father he can not petition the court for parental rights or ask for a DNA test? Yes he can!

It is assumed the husband is the father ,that does not mean he has no opportunity to peruse his claim of parentage.

He has had a semblance of a relationship with this child and he has rights and she has a right to know as well.

[ScottGem]

If he is the biological father he can not petition the court for parental rights or ask for a DNA test? Yes he can!

It is assumed the husband is the father ,that does not mean he has no opportunity to peruse his claim of parentage.

He has had a semblance of a relationship with this child and he has rights and she has a right to know as well.

Sorry, but the law says differently in many states. Basically most states have a window of time during which a challenge has to be made. If the challenge is not made, then the presumed legal father at birth retains parental rights.

Firstly-the girl was born in a lawful marriage thus the husband is presumed to be her father.
Secondly-15 years has passed since her birth and visitation can embarrass and weaken the family bonds between him and his wife and daughter.

Legally speaking - I am in doubt whether you have any rights or not even if you are a biological father .

The OP said; "The mother did marry the man she erroneously thought was the father." This sounds to me like they were married after the child's birth. On the other hand, if the husband is on the birth certificate and has raised the child as his own, the likelihood is that the courts will uphold his paternity.

Thank you for your answer. I think i will seek legal counsel.

This would clearly be your best course of action. A Family Law attorney can advise you whether you have any rights in this situation or whether you can gain them.

If it is determined that you may be able to gain some rights, I would STRONGLY recommend that you not try for any form of custody. A court is not likely to break up a family in this situation. I think you should take the position that you acknowledge the husband is the girl's father by virtue of the fact he has raised her. But that you just want to be a part of her life, talk to her regularly, see her occasionally.

One thing that is going to work against you is that you took no legal action when you were first told that you were the father. Had you taken action then, you would have had a much better chance. At this point, the only thing you can hope for is being a small part of her life.

If the courts do not even grant you that, you will have to wait until she is 18 when the decision becomes hers, not her legal parents.

[artlady]

The law is not hard and dried and if he can prove by any reasonable doubt that the mother has indicated he is the father then he does have parental rights to a DNA test.

[ScottGem]

The law is not hard and dried and if he can prove by any reasonable doubt that the mother has indicated he is the father then he does have parental rights to a DNA test.

Depending on where he lives the law is hard and dried. I've seen some of the specific laws. If a challenge was not made within the statutory time frame, then the current legal father will retain rights. Even if a DNA test says otherwise. The courts will not even entertain the challenge in many cases since a positive DNA test will not affect the law.

[GV70]

If he is the biological father he can not petition the court for parental rights or ask for a DNA test? Yes he can!

Ugh-incorrect at least in 40 states

It is assumed the husband is the father ,that does not mean he has no opportunity to peruse his claim of parentage.

If it is assumed the husband is the father that means he has rights to ask / and to get / protective order.
Sorry but that' the law.


Let me explain... In California, according to Ca Family Code


7611. A man is presumed to be the natural father of a child if he
Meets the conditions provided in Chapter 1 (commencing with Section
7540) or Chapter 3 (commencing with Section 7570) of Part 2 or in any
Of the following subdivisions:
(a) He and the child's natural mother are or have been married to
Each other and the child is born during the marriage, or within 300
Days after the marriage is terminated by death, annulment,
Declaration of invalidity, or divorce, or after a judgment of
Separation is entered by a court.
(c) After the child's birth, he and the child's natural mother
Have married, or attempted to marry, each other by a marriage
Solemnized in apparent compliance with law, although the attempted
Marriage is or could be declared invalid, and either of the following
Is true

7540. Except as provided in Section 7541, the child of a wife
Cohabiting with her husband, who is not impotent or sterile, is
Conclusively presumed to be a child of the marriage.


7541. (a) Notwithstanding Section 7540, if the court finds that the
Conclusions of all the experts, as disclosed by the evidence based
On blood tests performed pursuant to Chapter 2 (commencing with
Section 7550), are that the husband is not the father of the child,
The question of paternity of the husband shall be resolved
Accordingly.
(b) The notice of motion for blood tests under this section may be
Filed not later than two years from the child's date of birth by the
Husband, or for the purposes of establishing paternity by the
Presumed father or the child through or by the child's guardian ad
Litem. As used in this subdivision, "presumed father" has the meaning
Given in Sections 7611 and 7612.
(c) The notice of motion for blood tests under this section may be
Filed by the mother of the child not later than two years from the
child's date of birth if the child's biological father has filed an
Affidavit with the court acknowledging paternity of the child.
7630. (a) A child, the child's natural mother, a man presumed to be
The child's father under subdivision (a), (b), or (c) of Section
7611, an adoption agency to whom the child has been relinquished, or
A prospective adoptive parent of the child may bring an action as
Follows:
(1) At any time for the purpose of declaring the existence of the
Father and child relationship presumed under subdivision (a), (b), or
(c) of Section 7611.
(2) For the purpose of declaring the nonexistence of the father
And child relationship presumed under subdivision (a), (b), or (c) of
Section 7611 only if the action is brought within a reasonable time
After obtaining knowledge of relevant facts. After the presumption
Has been rebutted, paternity of the child by another man may be
Determined in the same action, if he has been made a party.
(b) Any interested party may bring an action at any time for the
Purpose of determining the existence or nonexistence of the father
And child relationship presumed under subdivision (d) or (f) of
Section 7611.


Conclusion:
In California a third party/ notwithstanding whether he is a bio father or not/ DOES NOT have standing to contest paternity if the child was born and lives in a lawful marriage.
He does not have right to file in Court.There is two year statute of limitation.