Question about a child who is not mine

I am going through a divorce and about 4 years ago my wife got pregnant with another mans child while we were separated. I have raised the child as my own and now that we are getting divorced, my wife wants to take all my rights away and deny any right to visitation and change the birth certificate. Can she do that? What recourse do I have? The child is 3 now. She knows who the father is and will bring him in for a DNA test to keep me out of the childs life because she is so angry because she does not want the divorce.

[Gbyte]

That's a sad sitation. Always harder when it's one sided. Get a GOOD lawyer.

[spinmaster61]

Originally Posted by Unregistered I am going through a divorce and about 4 years ago my wife got pregnant with another mans child while we were separated. I have raised the child as my own and now that we are getting divorced, my wife wants to take all my rights away and deny any right to visitation and change the birth certificate. Can she do that? What recourse do I have? The child is 3 now. She knows who the father is and will bring him in for a DNA test to keep me out of the childs life because she is so angry because she does not want the divorce.

Actualy she should have brought him in 3 years ago for DNA. And made him pay child support.Why did you sign the birth certificate?

[Gbyte]

Blood isn't everything.

[tbyte]

Legally the child is yours.
The husband of a woman who gives birth during the marriage is legally the father.
But you need to realize that father's get precious little respect in our family court system to begin with, and your status as the non-biological father makes your situation even more tenuous.
You may be able to get a shared parenting order where the mother is the residential parent and you are the non-residential parent with the standard minimum visitation rights. I doubt you will get more than that.
You will, of course, be ordered to pay child support.
I have to say, if the biological father was not aware of the child then this situation is at least partially your fault for not notifying him.