Which is the Legal Father?

What is the name of your state?What is the name of your state? Colorado.

My daughter was living with a man and when she became pregnant he kicked her out. While pregnant, she married another man. She and her husband named the baby and put her married name as the baby's surname.

A short time after the baby was born the biological father did a paternity test and proved he was the biological father (which she and her husband knew).

Since she was pregnant and gave birth to the baby while married, who is the legal father? The biological father or her husband?

Also, can the biological father change the baby's middle and surname on the birth certificate without her and/or her husband's permission?

Thank you.

[rmet4nzkx]

Was this a court ordered DNA test from a paternity action? If, what are the orders?
Is the biological father paying child support?

[BelizeBreeze]

The legal father of the child is your daughter's husband. The biofather, even with DNA, would be required to file a disestablishment action to be considered the legal father.

Depending on the age of the child, the court may not change the child's legal father.

Originally Posted by rmet4nzkx

Was this a court ordered DNA test from a paternity action? If, what are the orders?
Is the biological father paying child support?

No, it was not a court ordered DNA test. Yes, the biological father is now paying child support.

Originally Posted by BelizeBreeze

The legal father of the child is your daughter's husband. The biofather, even with DNA, would be required to file a disestablishment action to be considered the legal father.

Depending on the age of the child, the court may not change the child's legal father.

The child is 4 months old.

Can the biological father, through his lawyer or court, etc., change the baby's surname and/or middle name on the birth certificate?

Is there a statute in relation to the husband being the legal father?

[rmet4nzkx]

AS BB said, the husband is the legal father, nothing else changes without court orders. So, the BioDad is actually paying child support without any court orders, what % of his income? Either Bio parent could petition the court re paternity issues. This is interesting because it could go several ways, most likely the issue of child support will play a role in addition to the best interest of the child.

[rmet4nzkx]

Originally Posted by Sand

The child is 4 months old.

Can the biological father, through his lawyer or court, etc., change the baby's surname and/or middle name on the birth certificate?

Is there a statute in relation to the husband being the legal father?

First of all it is the best interest of the child at stake, not the emotions of either parent.

Please caution your daughter to get competent legal advice, especially is he has an attorney and she does not, because she may agree to things in order to avoid some real or preceived threat or as a reaction to their history, which may not be in the child's best interest, especially if they are not going through court. The child is young it is importnat to receive adequate levels of child support, medical coverage and possibly child care costs etc. many things in the future that may not come to mind now. check on line in your county for information re child support calculations and CSE.

Even though she is married to someone else and they are the legal father, that doesn't mean the bio dad's responsibility, obligation or rights are less or may not be exercised, nor that a marriage for the purpose of providing paternity or other suport, will last. For these reasons she will have some sort of a relationship with the biodad for at least the next 18 years, in Colorado PSCS may also be ordered. If he wants his name on the birth certificate, some sort of custody and/or visitation that is his right and he will have to petition the courts, while both parties can make a private agreement, it is not binding unless it is court ordered.

This link should answer your further questions,
Colorado Paternity Law Summary
[url]http://www.uslegalforms.com/lawdigest/paternity-law-digest.php/CO/CO-598P.htm[/url]

Originally Posted by rmet4nzkx

AS BB said, the husband is the legal father, nothing else changes without court orders. So, the BioDad is actually paying child support without any court orders, what % of his income? Either Bio parent could petition the court re paternity issues. This is interesting because it could go several ways, most likely the issue of child support will play a role in addition to the best interest of the child.

No, I'm not sure if there was a court order for the Bio father to pay child support. Neither I nor my daughter knows what % of his income he's paying. But, the Bio father had requested a hearing to contest the child support amount. He didn't show up at the hearing, which the Judge was not happy about, so the Judge added a little more to the child support amount.

My daughter did not try to get more child support, I believe Social Services came up with the original amount.

[BelizeBreeze]

And this is exactly WHY I don't participate anylonger in posts like this.

IF the judge set the child support amount then the bio-father has already been found to be the father by law.

Next time post ALL the facts.

Originally Posted by BelizeBreeze

And this is exactly WHY I don't participate anylonger in posts like this.

IF the judge set the child support amount then the bio-father has already been found to be the father by law.

Next time post ALL the facts.

Goodness sake.

If I had posted ALL the facts, it would've been an extremly long post which I tried to avoid. Not being a lawyer, I did not know how much was needed so I kept the post short and to the point, knowing that you or others would ask a question if need be to clarify a point.

I'm disappointed in the outburst. My daughter can not afford a lawyer, she has no lawyer, so I'm trying to help her.

If the court said the bio father is the legal father as you say, why would the bio father and his lawyer be furiously trying to prove my daughter's husband is not the legal father?

[BelizeBreeze]

Originally Posted by Sand

Goodness sake.

If I had posted ALL the facts, it would've been an extremly long post which I tried to avoid. Not being a lawyer, I did not know how much was needed so I kept the post short and to the point, knowing that you or others would ask a question if need be to clarify a point.

I'm disappointed in the outburst. My daughter can not afford a lawyer, she has no lawyer, so I'm trying to help her.

If the court said the bio father is the legal father as you say, why would the bio father and his lawyer be furiously trying to prove my daughter's husband is not the legal father?

Lady, you are asking questions that need factual evidence as a foundation to responde. And then you are spoonfeeding facts which change the validity of the response.

Therefore, if you want any further response by me to the EXACT situation answer ALL of the following questions.

Is there a current order of support issued by a judge?

If so, who is paying that support?

Whos name is on the birth certificate?

Is there a visitation order issued by a judge?

If so, who is the subject of that order, bio or husband?

Originally Posted by rmet4nzkx

Even though she is married to someone else and they are the legal father, that doesn't mean the bio dad's responsibility, obligation or rights are less or may not be exercised, nor that a marriage for the purpose of providing paternity or other suport, will last.

Sorry, but she married him because she loves him, not for a father for her baby. She definately didn't marry him for "other support" as he has no income. Not a dime.

[nextwife]

Sounds like your daughter wants him to be the father only when it comes to financial responsiblity - and to otherwise stay out of the child's life. IF she is collecting CS from him, she is accepting his paternity. If she wants her husband to be the father, then why is she accepting CS from someone else?

If she wants his CS, then HE should havethe right to petition the court for some say in all matters involving his child. You don't get to decide that the only aspect of paternity you want to accept from the biodad is the CS part.

[rmet4nzkx]

Originally Posted by Sand

Goodness sake.

If I had posted ALL the facts, it would've been an extremly long post which I tried to avoid. Not being a lawyer, I did not know how much was needed so I kept the post short and to the point, knowing that you or others would ask a question if need be to clarify a point.

I'm disappointed in the outburst. My daughter can not afford a lawyer, she has no lawyer, so I'm trying to help her.

If the court said the bio father is the legal father as you say, why would the bio father and his lawyer be furiously trying to prove my daughter's husband is not the legal father?

For Goodness Sakes is right, I have just spent the last few minutes banging my forhead against the wall We are not mind readers.
I asked you in the 1st response to if there were any court orders? You said, no, so my responses were based on that, THAT is why I said she needs competent legal advice. Then you turn around and talk about the court orders.
My response remains the same, your daughter needs competent legal advise because YOU are not competent to even respond to 1 simple direct question, let alone consider all the complex implications of this situation. Have you figured out how to bring up the link to the CO paternity laws I posted?
Apparently your daughter received welfare and/or medicaid and the state filed the paternity action to recoup their costs, so the paternity action was filed by the state and the DNA test court ordered.
The Court has ordered child support, your daughter still needs competent representation unless social services or legal aid is providing it.

[rmet4nzkx]

Originally Posted by Sand

Sorry, but she married him because she loves him, not for a father for her baby. She definately didn't marry him for "other support" as he has no income. Not a dime.

Please you are diging yourself in deeper So they are both living off welfare and biodad's child support? Maybe BioDad will petition the court for custody of the child, then what?