Legal father but not biological father

[robin623]

I was wondering what my legal rights are to my youngest daughter that I have been there since birth an have signed the birth certificate as her dad. She is 2 now and almost 3. My ex wife is threatening to take me back to court to and take my youngest away. What actions or law is there that will protect me and all of my kids from this. The real dad has never been in the picture nor does he want to be

 

[Proserpina]

I was wondering what my legal rights are to my youngest daughter that I have been there since birth an have signed the birth certificate as her dad. She is 2 now and almost 3. My ex wife is threatening to take me back to court to and take my youngest away. What actions or law is there that will protect me and all of my kids from this. The real dad has never been in the picture nor does he want to be

Your ex-wife?

Does this mean that you were married when the child was born, acknowledged paternity and then got divorced WITHOUT your legal paternity being questioned?

 

[sandyclaus]

I was wondering what my legal rights are to my youngest daughter that I have been there since birth an have signed the birth certificate as her dad. She is 2 now and almost 3. My ex wife is threatening to take me back to court to and take my youngest away. What actions or law is there that will protect me and all of my kids from this. The real dad has never been in the picture nor does he want to be

Were you married to the mother when this child was born? If so, then you are presumed to be the biological father of the child, whether or not you really are.

If you weren't married at the time of the child's birth, then you have to establish your paternity through DNA testing before you can claim any kind of parental rights. Just signing the birth certificate is not considered to legally establish your paternity. Without formal parental rights, the mother will be granted custody of the child unless you can present a compelling reason for it not to happen (such as abuse or neglect). Even then, there is no guarantee that you would receive custody, either, because you would be considered a legal stranger to her.