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legal but not biological father have rights?

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waltrip55

Junior Member
What is the name of your state? Indiana

My wife and I were seperated 2 years ago, we had filed for divorce when she notified me that she was pregnant and the father of the baby abandoned her. I went back to her and we canceled the divorce. She had not worked in some time and was on the verge of losing her apartment and everything. I agreed to work and support her and the baby and claim the baby as my own. She agreed to it and even had me sign the birth certificate. I knew when I went back that there was no chance that i was the father of the baby but agreed to love it as it was my own. I supported the mother for the 3 months before the baby was born and then continued to support them both for an additional 6 months after the birth. I paid for everything since my wife refused to work. After I had caught every one of my wifes bills up and had us back on our feet she decided that she didn't need me anymore and had an affair. I found out about the affair and told my wife that it was over between us and that I would continue to live with her until she could get a job and be able to support her and our baby. A few weeks later she kicked me out of the apartment but had agreed on joint custody in a paper that we had drawn up between the 2 of us and had both signed and had a witness sign.

It is now 6 months later, I have kept supporting the baby and keeping her 3 weeks out of a month while the mother still hasn't gotten a job and is being evicted from her apartment. Now she has informed me that she will be taking me to court to force me into taking a dna test and having my name removed from the birth certificate and my rights taken away.

Do I have any chance of getting rights to seeing my daughter? She has grown extremely attached to me as I have to her. I do not want to lose her. She may not be my flesh and blood but in my eyes she will always remain my daughter.

Would it help at all if I could prover that she is an unfit mother?
 


CJane

Senior Member
*sigh*

You and mom committed fraud.

However, you ARE the legal father, and unless Mom 'gives up' the biological father and HE files to disestablish you as the legal father, you'll likely remain the child's father.

If you've really had the child the majority of the time, why don't YOU trot down to the courthouse and file for custody/visitation/child support?

You will very likely not be able to prove mom legally unfit. Legal standards of fitness are very low.
 

milspecgirl

Senior Member
i would think that the correct father would need to file to establish his paternity. you were both wrong. you knew you weren't the dad and you signed the bc? Your only saving point is that you were still married and due to that, you are the legal father.
I don't think she can get your rights terminated without the other father being established? Is there a chance he wants this?
 

Ohiogal

Queen Bee
Yes you have a chance. Mom wants to declare that she commited fraud? (Technically you are the legal father as you were married at the time of the birth.) Where is the actual biological father of this child? He may be able to petition for a paternity test. But mom would be hardpressed to do so.
 

waltrip55

Junior Member
the biological father has made no attempt to have anything to do with the baby since she has been born. he claims to have had a vesectimy (don't know spelling) and that it couldn't be his.
 

whatehva

Member
OK. stupid question...how do you know that you AREN'T the father of the baby? They way you wrote was that you could have possibly been with her at the time of conception?
I don't know the law in IN, but, in TX, you are legally the father if your wife has a baby while you are married...you can't even get divorced while the wife is pregnant...even if you've been separated (I have a friend who had to wait for her divorce b/c she was pregnant by her boyfriend-they had been separated for over a year). Then, you have to sign a paper stating that you aren't the father, and it has to be agreed upon by both of you.
You should have rights, even if the baby turns out to be someone else's. Good luck. Sorry I wasn't any help. :(
 

LdiJ

Senior Member
Sadly for you, I have to disagree with some of the answers that you have received.

In Indiana it IS possible for mom to disestablish paternity when the child is that young. Its not necessary for the biological father to step forward.
 

Ohiogal

Queen Bee
Sadly for you, I have to disagree with some of the answers that you have received.

In Indiana it IS possible for mom to disestablish paternity when the child is that young. Its not necessary for the biological father to step forward.
In this case she would also have a lot of explaining to do as to why she committed fraud and let him be the legal father for this length of time without moving to do so earlier.
 

LdiJ

Senior Member
In this case she would also have a lot of explaining to do as to why she committed fraud and let him be the legal father for this length of time without moving to do so earlier.
From what I can gather the child is about a year old.

Honestly, Indiana judge really don't even address the fraud aspect of these cases. They just want to make sure that the correct father is identified.

In fact, in unwed situations, judges usually order DNA tests even if the father signed the AOP at the hospital...just to be certain that the correct dad is identified. I realize that this isn't an unwed situation, but I mention that only to demonstrate the climate.
 

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