[lizama08]

My sons biological father was never in the picture. He never contribute to any of my prenatal care while I was pregnant or any medical needs with my son. My husband accepted my son and the role, responsibilities as his father since 4 months of age. My husband name is on my sons birth certificate and he also carries his lastname. My worries is that his biological father might all of a sudden want to be in his life, does my husband and our sons father now have any rights?

[Fr_Chuck]

Moved to family law

This will depend completely on where you live.

In some places if the child is born while you are married, they are considered the father legally ( even if not on the birth certificate) and the bio father has little right to challenge. In some states they will only have a limited amount of time to challenge. In other states they can always come and challenge, ask for a DNA test and file for visits with the child.

The other issue not mentioned, is does the child know, since there could be health issues where it makes a difference, or if family know and he finds out years latter, it can cause serious hatred for years to come.

[lizama08]

I'm from the island of Guam ( U.S. Territory). Eventually, my son will ask about his bio father but anytime soon. He is only 2 years old. I also want to know my rights as his mother who raised, supported him (besides my husband) and most importantly love him. I only ask because of his bio father past records.

[GV70]

Hello,Lizama008!
All paternity proceedings in Guam are governed by Guam Code-Title 19 PERSONAL RELATIONS.

It depends on whether the child is or is not a child of marriage.
If he/she is a child of marriage,then 4101 and 4103 are applied

§ 4101. Legitimate Children.
All children born in wedlock are presumed to be legitimate.

§ 4103. Who May Dispute.
The presumption of legitimacy can be disputed only by the husband or wife, or the descendant of one or both of them. Illegitimacy, in such case,may be proved like any other fact.


If the child is not a child of marriage/ you got married after the child's birth/ then the biological father may have right r to establish himself as a child's legal father.
§ 4124.Legitimation of Children.

(b) Petition for legitimating children.
(1) Any natural parent in Guam may petition the court for an
Order affirming the legitimacy of his or her child, based upon the affidavit as provided for in Subsection (a)(2) of this Section, or based upon the marriage of the parents. The court shall have jurisdiction to make such an order if either parent is a resident of Guam or if the child s a resident of Guam, as residence is defined in ''8318 and 8319 of
This Title. Before such an order can be entered, both parents must file affidavits that no other persons have claimed to be parents of said child and file an acknowledged consent to the court's legal name be changed to reflect the natural father's family name.

(3) A child shall be considered legitimate for all purposes if,
Before the child's eighteenth birthday, a court of competent jurisdiction has determined the paternity of said child, in any divorce action,paternity action, or action for support.







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