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do father's have rights

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heathzepol

Guest
What is the name of your state? utah

A baby is born from an extramarital affair. Both parties are married. The biological mother is separated from her husband.
She now wants the biological father who is still with his family to visit this child and pay her money. He does not want anything to do with this woman and knows that this child would have a better life if it was given up for adoption. The biological father's wife knows about the affair. But the biological mother has taken it upon herself to tell the biological father's children that they have a half sibling. We don't want anymore contact with this woman she has intensified the damage that has already been done. What rights does the biological father have in this situation?
 


FarmerJ

Senior Member
The father has the right to pay support until his parental rights are terminated . The father doesnt have to have any contact with the child after paternity proves for sure that he is the dad he can just pay support . BUT heres something to think about , some day that child may have to know more of the birth fathers family medical history , (comming from a adoptee who can get no info about bio dad . Personally I think all bio parents need to have a avenue of contact for relay of medical info ) when they have signed away there rights to a child so a adoption can occur .
 

JETX

Senior Member
Q1) "She now wants the biological father who is still with his family to visit this child and pay her money."
A1) The biological father is liable for supporting HIS child. This can be enforced through court if needed. Their is no legal requirement for you to spend time with YOUR child.

Q2) "He does not want anything to do with this woman and knows that this child would have a better life if it was given up for adoption."
A2) If he had only abided by those thoughts BEFORE getting the mother pregnant, he wouldn't have them now.

Q3) "The biological father's wife knows about the affair. But the biological mother has taken it upon herself to tell the biological father's children that they have a half sibling."
A3) Nothing wrong with that... after all, it is true.

Q4) "We don't want anymore contact with this woman she has intensified the damage that has already been done."
A4) See A2.

Q5) "What rights does the biological father have in this situation?"
A5) Rights:
- to pay child support until the child is 18.
- Moral and ethical responsibility to be mature enough to put the childs welfare ahead of his own.... just as with any 'normal' child.

Why should the child be forced to suffer because his/her biological father is a jerk and deadbeat??
 

stephenk

Senior Member
How do you know the child is yours? Check with an attorney because some states hold that a married woman who has a child during the marriage, the child is presumed to be that of the husband, even if she and her boyfriend claim the child is a result of their union.
 

JETX

Senior Member
Stephen, there is nothing in the thread to make anyone think that the writer doubts the paternity.

And, most states recognize the paternal name on the birth certificate as the childs father... even if it isn't the spouse.

Finally, any doubts of paternity can be simply resolved with a DNA test.
 

carabob

Member
Since the child was born during a marriage. Isn't husband actually finically responsible for the child until he terminates his parental rights? Isn't the child legally his since the child was born of a marriage?
 

JETX

Senior Member
"Since the child was born during a marriage. Isn't husband actually finically responsible for the child until he terminates his parental rights? Isn't the child legally his since the child was born of a marriage?"

Not after the states have passed the "Parental Responsibility Act", as most have. Simply, this means that a paternal signature is NOT automatically put on a birth record (even that of a spouse) without that persons permission (too many unwed mothers were putting names (even celebrity names) on birth records hoping to 'trap' someone into support). Then, if another 'father' shows up with a claim, the courts require paternity tests to validate before passing the responsibility of support to another.
 
M

Melisa Spurgeon

Guest
My close friend went through something similiar. His dad cheated on his mom and had a son with a married woman. Dad's do have rights. There is a website you should research, www.dadsrights.com. It's done by an attorney who wrote a book on the subject. In my friend's case the husband took responsibility for the child until paternity was proven to be another man. Since both parties were married, and not to each other it was just assumed when the child was born that he belonged to the mother's husband. Paternity in that case was not proven until the boy was 4. Also, visit genetree.com. I found out there that it is not uncommon for 2 unrelated people to have similiar DNA. There is only 1% of a human's DNA that differs from another person. So far there are only 7 states that will over turn child support cases with new paternity results. I don't believe that your state was among the listed 7. In that case, maybe the only way you can get out from under the child support if they paternity was exclusive is to sign over parental rights or adoption papers.
 

JETX

Senior Member
Melissa: What the heck drugs are you on???? Or do you not understand your own post??

"I found out there that it is not uncommon for 2 unrelated people to have similiar DNA."
** Is is virtually impossible for two unrelated persons to have matching or SIMILAR DNA!! In fact an accurate DNA test can disprove parentage with 100% accuracy and can prove a match to 99.998% accuracy.

"There is only 1% of a human's DNA that differs from another person."
** This statement is so ludicrous statistically, that it is beyond any rebuttal other than common sense.

"So far there are only 7 states that will over turn child support cases with new paternity results."
** Another 'made up' statistic?? What states? And please provide SOME support for your 'data'.

If you want the FACTS regarding the accuracy of DNA testing, I suggest you take a look at:

'DNA EVIDENCE, WHEN PROPERLY COLLECTED AND ANALYZED, SHOULD NOT BE CALLED INTO QUESTION'
http://www4.nas.edu/news.nsf/isbn/0309053951?OpenDocument
 

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