How likely would a bio father be able to get custody or visitation in this case?

[Junda]

How and when did this "legal father" come to acquire that status? Is it correct that John and the mother were never married? If that's not correct, please provide details regarding the marriage. Was the mother ever married to the "legal father"? If so, when did the marriage start and end?




How and when did he acquire this information?




After 15 years, there is zero chance of gaining custody, and the notion that he could successfully sue for fraud is absurd (pain and suffering is a form of damages, and one cannot "sue for . . . pain and suffering" without attaching it to a substantive cause of action such as fraud).

The most that could possibly happen at this point is visitation (likely supervised).




Ummm...what?

The legal father was put on the birth certificate after the child was born. John and the mother were never married. The mother married the legal father approximately 2 years after the child was born. They are still married.

The bio father was told by someone else a couple weeks ago.

 

[zddoodah]

The legal father was put on the birth certificate after the child was born.

I assume this happened as a result of voluntary declarations of paternity signed by the mother.

Unfortunately for John, any action would likely be barred by section 7577(d) of the Family Code. Nevertheless, I'd encourage him to consult with a family law (perhaps a "father's rights") lawyer to see if there's any way around this given that the VDOPs were likely fraudulent. Assuming there's no way around it, then he should tone down the threats if he actually wants a relationship with the kid.

 

[not2cleverRed]

John should be happy that they can't backdate child support 15 years.