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Not biological father

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janille1

Junior Member
What is the name of your state (only U.S. law)? Arkansas
I have a question concerning child custody.
I was divorced almost 2 years ago. While i was married i had a child.
During the time i got pregnant my husband and i were seperated. i was unsure whether my husband was the father or not. i told him there was a chance she wasn't his but we continued in our marriage as if there was no question. when we got divorce i was not told that if i did not request a paternity test at that time it would be my only chance. my child is now 4 years old and a paternity test had been done and it turns out my ex-husband is not the father. he is wanting to stay in our lives but i feel it is not for her but rather to try to control us still. Is there anythng i can do now that his name is on her birth certificate and is her "legal" father? I would like to stop child support and let him go his own way and find her biological father but i am being told that i have no other choice but to let him continue as her father even though he is not. I am sure i am not the only one this has happened to but no one here seems to have any answers.What is the name of your state (only U.S. law)?
 


Ohiogal

Queen Bee
Most likely the biological father has to petition.

What a tangled web we weave when first we practice to deceive.

YOur ex husband is the legal father. After four years as the legal father he has earned the right to be the biological father. Ignorance of the law is not an excuse and you have no right to force him out of your (plural) child's life because he is an inconvenience.
 

njjean

Member
What?

Most likely the biological father has to petition.

What a tangled web we weave when first we practice to deceive.

YOur ex husband is the legal father. After four years as the legal father he has earned the right to be the biological father. Ignorance of the law is not an excuse and you have no right to force him out of your (plural) child's life because he is an inconvenience.
How do you rewrite history? How do you change the kids DNA?
 

cyjeff

Senior Member
Ohiogal is a GAL (Google it your self).

Which means these are exactly the cases she deals with on a daily basis. They put food on her table.
 
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nextwife

Senior Member
God has no bearing on who is the LEGAL dad. Under the law, there are situations in which it matters not whether the man who is legal dad is also the biodad.

OG knows that. You seem to NOT get that.
 
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njjean

Member
Just as I Thought

You did NOT read the posts.

OG says "After four years as the legal father he has earned the right to be the biological father."

and you are all insulting me?

Wake up people, no one can "earn the right" to be the biological father.

Biological paternity can NOT be earned or changed.
 

Ohiogal

Queen Bee
God has no bearing on who is the LEGAL dad. Under the law, there are situations in which it matters not whether the man who is legal dad is also the biodad.

OG knows that. You seem to NOT get that.
I should apologize that my perfection is marred by a typo -- which I corrected on a later post -- he will REMAIN the legal father. Mom doesn't get to dictate.
 
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Ohiogal

Queen Bee
You did NOT read the posts.

OG says "After four years as the legal father he has earned the right to be the biological father."

and you are all insulting me?

Wake up people, no one can "earn the right" to be the biological father.

Biological paternity can NOT be earned or changed.
Keep up the insults Njjean and you will be gone. It was a typo which I have since corrected. he has earned the right to remain the LEGAL father. Deal with it. That is a fact.
 

Perky

Senior Member
This may be a dumb question, but here goes:

Since mom was married when child was born and husband was listed on BC, does the law presume that the husband, as the legal father, is the biological father? Or, does the law not address the biology?

Just wondering if husband is also considered by law to the be biological father, absent any evidence to the contrary. If so, then I don't think OG's original unedited statement (regarding the right to be the biological father) is really off-base.
 

Ohiogal

Queen Bee
This may be a dumb question, but here goes:

Since mom was married when child was born and husband was listed on BC, does the law presume that the husband, as the legal father, is the biological father? Or, does the law not address the biology?

Just wondering if husband is also considered by law to the be biological father, absent any evidence to the contrary. If so, then I don't think OG's original unedited statement (regarding the right to be the biological father) is really off-base.
The husband is automatically presumed to the be daddy due to the fact that married individuals are supposed to be in a monogamous relationship and so on and so forth. The law allows for DNA tests when petitioned if there is evidence presented that would have allowed legal father (hubby) a belief that he was not daddy. But the legal father would have had to petition or the alleged biological father would have had to petition for a DNA test. Truthfully biology plays a role. But biology does not automatically equate with legal parentage. It used to determine legal parentage however in certain situations. So a quantified yes.
 

njjean

Member
I should apologize that my perfection is marred by a typo -- which I corrected on a later post -- he will REMAIN the legal father. Mom doesn't get to dictate. And njjean keeps it up she will be banned. Fair warning.
Keeps it up? I was debating what you said, which was blatently wrong while I was debating it. These others jumped all over me for daring to debate it. Too bad.
 
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