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Legal father on birth cert vs bio father and visitation and rights

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JohnDMiller

Junior Member
What is the name of your state (only U.S. law)? Louisiana


I have a few questions about visitation and rights . Me and my girlfriend were living together and she got pregnant and she wore the child was for me . Although we had broken up for a time. She claimed there was no way the child could be for anyone but me so I was with her the entire pregnancy at the hospital when the baby was born. Although we had broken up for a time. She claimed there was no way the child could be for anyone but me so I was with her the entire pregnancy at the hospital when the baby was born. I am on the birth certificate also . Two months after he was born she decided to do a home DNA test with the guy she was with during our break up and supposedly the DNA test show the baby is for him . Now after taking care of her the entire pregnancy staying with her after finding out the baby was for someone else we have broken up now the baby is eight months old and the other guy has filed for paternity . I guess the question is what is he going to have to do to get me off of the birth certificate or can he even do that? Because I am in love with this child like he is my own and I want to continue being a father to him . I was served paperwork saying he filed for paternity and that he intended to change the name on the birth certificate . Obviously I'm sure he will be ordered to do a Nother DNA test and even if he proved to be the biological father I still want to be involved with this child and I'm wondering how much visitation I may get or can he even change the name and if so what will he have to do to get that done . I've had people say that he will have to adopt the child from me I'm don't know how true that is . Any information on this type of situation and where I may stand in the end would be greatly appreciated .
 
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Proserpina

Senior Member
What is the name of your state (only U.S. law)? Louisiana


I have a few questions about visitation and rights . Me and my girlfriend were living together and she got pregnant and she wore the child was for me . Although we had broken up for a time. She claimed there was no way the child could be for anyone but me so I was with her the entire pregnancy at the hospital when the baby was born. Although we had broken up for a time. She claimed there was no way the child could be for anyone but me so I was with her the entire pregnancy at the hospital when the baby was born. I am on the birth certificate also . Two months after he was born she decided to do a home DNA test with the guy she was with during our break up and supposedly the DNA test show the baby is for him . Now after taking care of her the entire pregnancy staying with her after finding out the baby was for someone else we have broken up now the baby is eight months old and the other guy has filed for paternity . I guess the question is what is he going to have to do to get me off of the birth certificate or can he even do that? Because I am in love with this child like he is my own and I want to continue being a father to him . I was served paperwork saying he filed for paternity and that he intended to change the name on the birth certificate . Obviously I'm sure he will be ordered to do a Nother DNA test and even if he proved to be the biological father I still want to be involved with this child and I'm wondering how much visitation I may get or can he even change the name and if so what will he have to do to get that done . I've had people say that he will have to adopt the child from me I'm don't know how true that is . Any information on this type of situation and where I may stand in the end would be greatly appreciated .
If the court allows him to challenge paternity - and that sounds like what's happening - then you'll have no rights or obligations to the child.

He won't have to adopt.

Visitation will depend on the good nature of the parents. If they refuse to allow you access, you're out of luck.
 

TheGeekess

Keeper of the Kraken
This should give you somewhere to start.
http://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=6182&context=lalrev
 

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