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presumed father rights

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doublejoe87

Junior Member
ca
my wife got pregnant by another man i want to be the father of this child she wants me to be the father as well is there any legal way to prevent the other guy from having any involvement in our childs life we do not want child support or anything from him can we prevent him from requesting a paternity test
 


justalayman

Senior Member
has the baby been born yet? If so, how old is the baby now?

If the baby hasn't been born yet, no, there is nothing you can do to prevent him from asserting his rights as a possible father.
 

CourtClerk

Senior Member
has the baby been born yet? If so, how old is the baby now?

If the baby hasn't been born yet, no, there is nothing you can do to prevent him from asserting his rights as a possible father.
Even if the baby has been born, there is little they can do from stopping the father of this child from bringing a paternity suit, especially if he does it while the child is young, he may have a bench officer actually listen to him and order a test...
 

stealth2

Under the Radar Member
And really? Father AND child deserve to know one another. It is certainly not the kiddo's fault that Mom decided to stray.
 

Ohiogal

Queen Bee
ca
my wife got pregnant by another man i want to be the father of this child she wants me to be the father as well is there any legal way to prevent the other guy from having any involvement in our childs life we do not want child support or anything from him can we prevent him from requesting a paternity test
You cannot prevent him from requesting a paternity test. Your wife chose to have sex with him and let him impregnate her. If he wants to play a role in his child's life then he will be given the opportunity.
 

nextwife

Senior Member
What if the this guy's wife wife wanted her husband's lover to have nothing to do with the baby and instead she and her husband raise the baby without you or your wife having any rights? Would you think THAT is right or fair? Just because wife is the cheater that has the uterus doesn't give her the right to deny the other parent the ability to establish and pursue his share of parenting rights to his child.
 
What if the this guy's wife wife wanted her husband's lover to have nothing to do with the baby and instead she and her husband raise the baby without you or your wife having any rights? Would you think THAT is right or fair? Just because wife is the cheater that has the uterus doesn't give her the right to deny the other parent the ability to establish and pursue his share of parenting rights to his child.
Nextwife, this question has an assumption that we are dealing with common sense... and considering 1) wife cheated, 2) husband doesn't care, 3) both want to keep the baby and raise it themselves and shut out dad, then I'm thinking a logical thought process may be too much to anticipate here. Just sayin'...
 
Legally speaking, how does this differ from cases where the father of an affair child is told that he has no rights to fight for custody unless Mom's husband consents, or where a married man is told he may be stuck supporting another man's child because a child born to a married mother is assumed to be a product of the marriage?

I can remember at least one or two cases where men (on both sides of that coin) are told they either a.) Cannot undue paternity when the child isn't theirs and they are husband or where b.) The "real" father wants to be involved and is told he has no right to sue for custody.

Is it a matter of timing or what?
 

Zigner

Senior Member, Non-Attorney
Legally speaking, how does this differ from cases where the father of an affair child is told that he has no rights to fight for custody unless Mom's husband consents, or where a married man is told he may be stuck supporting another man's child because a child born to a married mother is assumed to be a product of the marriage?

I can remember at least one or two cases where men (on both sides of that coin) are told they either a.) Cannot undue paternity when the child isn't theirs and they are husband or where b.) The "real" father wants to be involved and is told he has no right to sue for custody.

Is it a matter of timing or what?
Are you basing your question on California law?
 

mistoffolees

Senior Member
Legally speaking, how does this differ from cases where the father of an affair child is told that he has no rights to fight for custody unless Mom's husband consents, or where a married man is told he may be stuck supporting another man's child because a child born to a married mother is assumed to be a product of the marriage?
I think you're remembering things completely wrong.

In just about every state, if someone has sex with a married woman and she becomes pregnant, that person has the right to have paternity established and then to obtain custodial rights. Please cite a post where the biological father was told that he had no right to fight for paternity or custody.

In some states, there is a statute of limitations for doing so, but in most states, it can be done for many years after birth, but that may not even apply in this case (OP hasn't stated if the child has been born or not).
 

justalayman

Senior Member
Even if the baby has been born, there is little they can do from stopping the father of this child from bringing a paternity suit, especially if he does it while the child is young, he may have a bench officer actually listen to him and order a test...
just putting out the possibility. as others have stated, most states do have a SOL to make a claim. I suspect the child isn't born yet so it wouldn't be applicable here so I didn't bother to even check on what California allows.
 

mistoffolees

Senior Member
just putting out the possibility. as others have stated, most states do have a SOL to make a claim. I suspect the child isn't born yet so it wouldn't be applicable here so I didn't bother to even check on what California allows.
In CA, it's 3 years after the 18th birthday - so since we're still referring to him as a child, that doesn't seem to apply.
 

Zigner

Senior Member, Non-Attorney
In CA, it's 3 years after the 18th birthday - so since we're still referring to him as a child, that doesn't seem to apply.
Please post a cite on that. Not disagreeing yet...but I have a feeling you may be referring to a different SOL.
 

Proserpina

Senior Member
Please post a cite on that. Not disagreeing yet...but I have a feeling you may be referring to a different SOL.


..or a situation in which paternity has NOT already been adjudicated.

Once paternity is established, the SOL in which it can be challenged is greatly reduced in every state afaia.

And I also believe IC is actually remembering at least half-correctly - I also recall seeing threads stating that an intact marriage creates a rebuttal to any challenge to already-established paternity.

Have no idea which states this would apply to though.
 
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