biological vs.legal father

[john39]

https://forum.freeadvice.com/child-custody-visitation-37/biological-vs-legal-father-536505.html

Does biological father who has been in the childs life and given voluntary child support from beginning til now at age 3 have any paternal rights when mothers ex husband (the legal father) has never been around baby, lives in another state and has no intentions of supporting child or being in childs life now or ever. He was separated from mother before conception but divorce not final until after birth. We filed a paternity suit and mother produced a (questionable) notarized statement from ex who says he does not want to relinquish his rights. Can he be relinquished on grounds of abandonment? Mother has conned him somehow into signing just to keep the bio father away after a disagreement. Bio father and mother lived together for a while and even when they split she still let him have visitation and accepted support for three years. He is the only father she has ever known.

I don't know why that thread was closed.

Sorry for grammatical mistakes in advance.English is not my first language.

I am not a lawyer,but here is my opinion:

The "paternity" of the Legal father is legal presumption,because the child was conceived at a time when that man (the legal father) was still married to the mother of the child,("technically",separated still means married).

If your son was given,as you say,visitation and paternity rights,by the courts
then I understand his paternity is legally established.

The fact that paternity of the biological father has already been established,REBUTTED the legal presumption that the legal father is the parent of the child.

Until,and if, the biological father surrenders his rights to the child,or his parental rights have been taken away from him by a Court decree,I think,
(again I am not a lawyer)the answer to your question is the biological father has all the paternal rights.

 

[john39]

from your post here:

He has paid child support to her since birth and been seeing baby most every weekend since birth. At age 1 1/2 when mom quit letting him see her that is when he went to court and found out he had already been granted paternity and visitation. No point in filing? when he had already been giving rights.ay? She started letting him see her again after he told her knew he had been given paternity and visitation. Everything was fine until recently when she stopped letting him see her again, thats when he found out she had had it changed.

it is not clear what "she" changed.

What she changed?

The United States Supreme Court has held that the father of an illegitimate child,who has taken steps to establish a custodial or supportive relationship with the child has a constitutionally protected interest in continuing that relationship. Stanley v.Illinois (1972).

 

[john39]

I would think that matter like this requires to consider consulting a lawyer who devotes his practice to litigation.

I would think case like this may take hundreds of hours to litigate.

I think incentive for many such lawyers to take case like this is money.

I think lawyers,specially those expected to devote hundreds of hours working on a case,consider taking such case either because their client has deep pockets,or they think that the case itself,directly,or indirectly (civil law suit after paternity dispute is solved) will eventually be worth working for.

Doesn't hurt to consult many more attorneys....

 

[Proserpina]

I strongly suggest you stop talking to yourself.

 

[john39]

and now you came and I am talking to you.

How are you?

So, on the scale from 1 to 10,how strongly you suggest that,and why ?

I was talking to the forum readers,even though I replied to my own thread.

 

[Isis1]

I strongly suggest you stop talking to yourself.

I say, you talk to me, I talk to you, over a bottle of chianti and ride off into the sunset together?

 

[Proserpina]

I say, you talk to me, I talk to you, over a bottle of chianti and ride off into the sunset together?

Sounds marvelous!

I can be packed in about 15 minutes flat. Seriously.

<-- lives heavy, travels light

 

[Isis1]

Sounds marvelous!

I can be packed in about 15 minutes flat. Seriously.

<-- lives heavy, travels light

I think I've fallen in love *sigh*

 

[john39]

Exchange of saliva between parties can be done by spitting on somebody,kissing...etc.

Kissing,generally,is presumed mutually pleasurable to the parties,whereas spitting,is in the eye of the beholder....

It is good that because both require physical contact, neither kissing,or spitting, is possible on a forum like this.

That is why such things can't ,and never really occur on forums like this.

Therefore,it was utterly impossible to happen here,and so it didn't

 

[Perky]

Exchange of saliva between parties can be done by spitting on somebody,kissing...etc.

Kissing,generally,is presumed mutually pleasurable to the parties,whereas spitting,is in the eye of the beholder....

It is good that because both require physical contact, neither kissing,or spitting, is possible on a forum like this.

That is why such things can't ,and never really occur on forums like this.

Therefore,it was utterly impossible to happen here,and so it didn't

Say WHAT????!?!?!?!

 

[stealth2]

Exchange of saliva between parties can be done by spitting on somebody,kissing...etc.

Kissing,generally,is presumed mutually pleasurable to the parties,whereas spitting,is in the eye of the beholder....

It is good that because both require physical contact, neither kissing,or spitting, is possible on a forum like this.

That is why such things can't ,and never really occur on forums like this.

Therefore,it was utterly impossible to happen here,and so it didn't

Whackaloon. Seriously.

 

[john39]

whatsup perky?

It is of my opinion that the word perky nicely compliments the word senior.

I like your name.

I mean,look at mine....if one would assume ,as implied by my screen name,I am
39...and junior....that is just so inferior to perky senior.

I hold utmost hope that one day,if i try really hard,I can be senior,with perks

 

[john39]

stealth 2

what happened to stealth 1?

I see you took part in the above referenced,now closed ,thread about biological vs. legal dad.You were discussing standing.

Question,please ,I am stupid,as a senior, tell me,the junior

Where is the standing for the presumed legal father ,after the presumption of his parental rights was rebutted by finding that he was not the biological father?

I think the facts presented herein do not confer assertion that the presumed legal father has parental interest in the child after the presumption that he was the father was rebutted (it was established that he was not) + the fact that the presumed legal father never had custody of the child.


Disclaimer: I am not a lawyer.I am not a senior.Everything I say is just my opinion

 

[john39]

yawn...no one wants to talk to me.Time to go to bed.

Good night

Please don't tread on my thread

 

[Isis1]

Whackaloon. Seriously.

I'm sorry. I left the keys to the turnip truck in the front desk just for a second! When I finally found my iPod in my purse, I turned around and my keys were missing! I didn't even see who took them! By the time I ran down the hall and down two flights of stairs, the padded cell was already open.