• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

biological father custody?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ktb420

Junior Member
my husband and i have a daughter together. he is not her biological father but has took on full responsibility for her and signed her birth certificate. her biological father has now decided that her want to take full custody of her. i was wondering who has legal rights to her?
 


WittyUserName

Senior Member
my husband and i have a daughter together. he is not her biological father but has took on full responsibility for her and signed her birth certificate. her biological father has now decided that her want to take full custody of her. i was wondering who has legal rights to her?
The answer to that will depend in large part on What State You Are In.
We don't ask for giggles.
 

Ohiogal

Queen Bee
my husband and i have a daughter together. he is not her biological father but has took on full responsibility for her and signed her birth certificate. her biological father has now decided that her want to take full custody of her. i was wondering who has legal rights to her?
So you and your husband committed fraud? Nice. What happens if you and your husband divorce?
 

mistoffolees

Senior Member
my husband and i have a daughter together. he is not her biological father
Then you and your husband do NOT have a daughter together. The biological father has rights, too, regardless of the fact that you tried to defraud him of those rights.

but has took on full responsibility for her and signed her birth certificate. her biological father has now decided that her want to take full custody of her. i was wondering who has legal rights to her?
He will first have to establish paternity, but it's pretty easy to get a court order for that.

He will then file for custody and/or visitation. You didn't give your daughter's age, and that will be important. Dad might get joint legal custody, but it's extremely unlikely (essentially impossible) for him to get sole legal custody unless you are horribly unfit or your husband is a convicted child abuser. Whether dad gets joint legal custody or not, he will be able to ask for visitation - and will receive it. There may be some graduated visitation schedule.

Note, however, that you run the risk of messing everything up for yourself. If you continue pretending that your husband is the father, then it COULD cause you to lose legal custody. So stop doing that. The child is entitled to know her father.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top