Closed Thread
Results 1 to 11 of 11
  1. #1
    janille1 is offline Junior Member
    Join Date
    Jan 2009
    Posts
    1

    Not biological father

    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)?
  2. #2
    Ohiogal is offline Senior Member
    Join Date
    Dec 2005
    Location
    Ohio
    Posts
    50,844
    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.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    njjean is offline Member
    Join Date
    Nov 2008
    Location
    New Jersey
    Posts
    75

    What?

    Quote Originally Posted by Ohiogal View Post
    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?
  4. #4
    cyjeff is offline Senior Member
    Join Date
    Sep 2008
    Posts
    8,560
    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.
    Last edited by m martin; 01-31-2009 at 11:58 AM.
  5. #5
    nextwife is offline Senior Member
    Join Date
    Jan 2003
    Posts
    24,363
    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.
    Last edited by m martin; 01-31-2009 at 11:56 AM.
  6. #6
    njjean is offline Member
    Join Date
    Nov 2008
    Location
    New Jersey
    Posts
    75

    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.
  7. #7
    Ohiogal is offline Senior Member
    Join Date
    Dec 2005
    Location
    Ohio
    Posts
    50,844
    Quote Originally Posted by nextwife View Post
    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.
    Last edited by m martin; 01-31-2009 at 12:09 PM.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  8. #8
    Ohiogal is offline Senior Member
    Join Date
    Dec 2005
    Location
    Ohio
    Posts
    50,844
    Quote Originally Posted by njjean View Post
    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.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  9. #9
    Perky is offline Senior Member
    Join Date
    Jan 2008
    Location
    Illinois
    Posts
    1,498
    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.
  10. #10
    Ohiogal is offline Senior Member
    Join Date
    Dec 2005
    Location
    Ohio
    Posts
    50,844
    Quote Originally Posted by perroloco2 View Post
    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.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  11. #11
    njjean is offline Member
    Join Date
    Nov 2008
    Location
    New Jersey
    Posts
    75
    Quote Originally Posted by Ohiogal View Post
    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.

Similar Threads

  1. legal father vs. biological father rights
    By ashnchris222 in forum Adoption
    Replies: 25
    Last Post: 05-22-2009, 12:22 PM
  2. biological father want to challenge patertnity against legal father
    By TXparent in forum Child Custody & Visitation
    Replies: 27
    Last Post: 01-10-2006, 09:25 AM
  3. biological father wants to challenge paternity against legal father
    By TXparent in forum Marriage, Domestic Partnerships and Other Family Law Matters
    Replies: 3
    Last Post: 01-09-2006, 06:01 PM
  4. Replies: 3
    Last Post: 11-04-2005, 04:42 PM
  5. Replies: 26
    Last Post: 02-25-2005, 04:20 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.