not biological father/any rights?

This is a discussion on not biological father/any rights? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I was wondering if anyone knows about this. I have heard that even if a man is not the biological ...

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Old Jan 31st, 2007, 08:53 PM   #1
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I was wondering if anyone knows about this. I have heard that even if a man is not the biological father, but was married to the woman at the time of birth that legally he is the father. My girlfriend just got out of an abusive relationship, she is pregnant with this mans child. We have 2 children together already, and after she got out of this relationship, we got back together. I want to be this childs father (even though theres no possibility of me being the biological father). Her ex is very mentally/physically/verbally abusive, and we dont feel that she or the baby will be safe if he sticks around. She has a ppo, but that will only go so far. We are willing to do whatever it takes to protect this child. He has threatened to kidnap the baby, and kill my girlfriend. Maybe im crazy for wanting to be with her, and take care of this new child. My question is, if we are married when this baby is born, and he tries to get involved in her life, will a judge force paternity testing? Will she legally be mine? Im willing to sign the birth certificate and the affidavit of parentage (i know its wrong to do). But ive seen what this man is capable of.
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Old Feb 2nd, 2007, 09:49 AM   #2
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Default Re: not biological father/any rights?

The presumption is that the child is the child of the married father--but the presumption can be overcome by paternity testing
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Old Feb 2nd, 2007, 05:08 PM   #3
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Default Re: not biological father/any rights?

so will a judge force paternity testing?
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Old Feb 3rd, 2007, 11:59 AM   #4
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Default Re: not biological father/any rights?

Somebody would have to file a motion requesting it for good reason, and then the judge usually will, yes.
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Old Feb 16th, 2007, 07:52 PM   #5
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Big Grin Re: not biological father/any rights?

It may be some help to you if you look into the rights of being a " De Facto Parent".
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Old May 27th, 2007, 12:05 AM   #6
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Default Re: not biological father/any rights?

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Originally Posted by Unregistered View Post
I was wondering if anyone knows about this. I have heard that even if a man is not the biological father, but was married to the woman at the time of birth that legally he is the father. My girlfriend just got out of an abusive relationship, she is pregnant with this mans child. We have 2 children together already, and after she got out of this relationship, we got back together. I want to be this childs father (even though theres no possibility of me being the biological father). Her ex is very mentally/physically/verbally abusive, and we dont feel that she or the baby will be safe if he sticks around. She has a ppo, but that will only go so far. We are willing to do whatever it takes to protect this child. He has threatened to kidnap the baby, and kill my girlfriend. Maybe im crazy for wanting to be with her, and take care of this new child. My question is, if we are married when this baby is born, and he tries to get involved in her life, will a judge force paternity testing? Will she legally be mine? Im willing to sign the birth certificate and the affidavit of parentage (i know its wrong to do). But ive seen what this man is capable of.
you cannot sign the bc. you both know you are not the baby's father, and you will be breaking the law. its called fraud. you need to let your gf deal with this, legally, you have no say.and no rights.marrying the mother will not make the child yours, you will still be a legal stranger.

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