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    rebecca5's Avatar
    rebecca5 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jul 24, 2012, 06:25 PM
    A married woman has an affair and gets pregnant by a married man. Married man agrees
    A married woman has an affair and gets pregnant by a married man. Married man agrees to let woman's husband be the "father" believing it is in the best interest of the baby and all involved. Later, man finds out that husband bailed on baby and woman gets on drugs. Woman then gives baby up for adoption. Court is told who REAL father is, but no contact is made. Child is now 8 and father is wondering if there is ANYTHING he can do to have contact with child. Any thought? The husband signed the birth certificate but told the court he wasn't the biological father.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 24, 2012, 06:49 PM
    When a child is born to a married couple the husband is presumed to be the father and becomes the legal father. If he is not the bio father, someone has to file a paternity challenge. Who can file that challenge and when it has to be filed is a matter of local law.

    If no challenge was made the legal father can approve the adoption, even if the court is aware he isn't the bio father. Once an adoption is approved, the adoptive parents become the legal parents and all other ties are severed.

    The only way the bio father can have contact with the child is with the permission of her parents. He can contact those parents (I suggest through a intermediary) and ask if he can be a part of her life. I would suggest he make assurances that he has no desire or intention to interfere with their parenting and that he will follow any rules they want to set.

    The parents have full control here and I doubt if any court would grant the father any rights without the parents agreement. So your best bet is throwing yourself on the mercy of the parents.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #3

    Jul 25, 2012, 12:56 PM
    Quote Originally Posted by rebecca5 View Post
    The husband signed the birth certificate but told the court he wasn't the biological father.
    Is there a court proceeding?
    It will be helpful for us if we know their location because laws vary from state to state.

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