Can biological father get custody if not your husband and you are married?

[gotquestions]

California: My daughter was conceived from an affair during my 15 year marriage. She is less than 6 months old. My husband was told from the beginning that she was not his. He has been ambivalent about raising her and accepting her as his own. I was told that there was no way to overturn presumption of paternity because I am married, even though a paternity test performed at birth shows my husband is not the biological father. Now, the biological father says that he can try to obtain legal paternity and custody on his own filing because the Supreme Courts in states have been recently ruling in the favor of biological fathers. Please help me understand.

Can the biological father do this only if my husband will not raise my daughter? Or, can he do this no matter if my husband accepts my daughter or not? I am very concerned. I do not want to exclude the biological father from having a relationship with his daughter, but his partner is a crazy woman who hates me and is very jealous over my child. I want to have some say in how much interaction the biological father has and in what circumstances, for my daughter's protection. (BTW: The biological father was present just after the birth due to unusual circumstances but my husband was not. He also provided some monies for the care of my daughter on a one-time basis when she was a newborn. He provided no support during the pregnancy nor went to any doctor appointments. He has pictures of himself with my daughter in the hospital... I am not sure if this is important information also).

 

[scumcoast]

Sure the biological father can file anything he wants to file but that does not mean he will win. Although since all parties involved know the truth already and there is some back up with the pictures and such he may win. If the dna test was not court ordered then it could be just throwed out. You would probably be better off to work out something with the father to avoid court if possible. The child is the one that will lose out if you and the fathers are at battle all the time and the child has the right to know her bio.father also. Just remember his threats may be just to give you a hard time. He would be looking at a good size cost to hire and attorney to persue this if you fight it. Do what is right for the child not what you, or either father might want.