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

[Junda]

What is the name of your state? California

So in this case the mother kept the child's existence from the biological father (who I will refer to as John). No paternity test has been performed yet, but the mother knows without a doubt that John is the father. John now knows about the child and rightly suspects it is his. John has contacted the mother and has said he that he is going to sue for custody as well as pain and suffering, as well as fraud.

Another issue is that the child already has a legal father in their life that is on the birth certificate. He has known from the beginning that it's impossible for the child to his biologically. However, he loves the child though and is very involved in their life. Furthermore the child (who is now 15) has been aware of all this for several years and has no interest in meeting or knowing John at all and is frightened by the prospect of him having any custody.

 

[Zigner]

Who are you in this situation?

 

[AlmostThere]

And why is this coming up now?

 

[Junda]

I am on not on the side of the bio father.

A disgruntled third party that knew decided to tell the bio father.

 

[Zigner]

Please have one of the legally involved parties log on to ask their own questions about their own legal matter.

 

[Just Blue]

I am on not on the side of the bio father.

A disgruntled third party that knew decided to tell the bio father.

So, your another disgruntled third party that is posting on the internet? Charming.

 

[LdiJ]

What is the name of your state? California

So in this case the mother kept the child's existence from the biological father (who I will refer to as John). No paternity test has been performed yet, but the mother knows without a doubt that John is the father. John now knows about the child and rightly suspects it is his. John has contacted the mother and has said he that he is going to sue for custody as well as pain and suffering, as well as fraud.

Another issue is that the child already has a legal father in their life that is on the birth certificate. He has known from the beginning that it's impossible for the child to his biologically. However, he loves the child though and is very involved in their life. Furthermore the child (who is now 15) has been aware of all this for several years and has no interest in meeting or knowing John at all and is frightened by the prospect of him having any custody.

I will start this off by saying that I don't care about mom or what she has done, or John and what he wants either. All I care about is the best interest of this 15 year old boy.

This is not a simple situation, particularly due to the child's age. John would have to sue to establish paternity which a judge might or might not allow due to the child's age and the potential disruption to the child's life. Then if paternity was established John could sue for some form of custody or visitation rights, but again, due to the child's age the child's wishes would factor in. By the time John got far enough along in the process to establish paternity it is possible that the child could be near enough to 18 that John attempting to force anything against the child's wishes would be a recipe for disaster if John would hope for any kind of long-term relationship with the child.

If I were advising mom I would probably advise her to fight against anything that would be disruptive to the child, and encourage her to encourage John to get to know the child on a gradual basis. I suspect that any attorney that mom hired would probably try to stop a paternity challenge from even happening. There is no guarantee that the attorney would be successful, but he would likely try.

If I were advising John, I would emphasize to him that the child is a person with their own feelings and opinions and that trying to shatter his world and his sense of self in one fell swoop is not in the child's best interest, nor is it likely to endear him to the child. He should care more about his child than about punishing mom. He should work towards establishing his paternity and a relationship with the child in a manner that works towards the best long term success. It might be in John's best interest to have some sessions with a counselor or therapist to help him determine what the best steps are going forward. He should consult with a local (local to the child) attorney as well.

 

[Zigner]

This is not a simple situation, particularly due to the child's age. John would have to sue to establish paternity which a judge might or might not allow due to the child's age and the potential disruption to the child's life.

More likely John's cased would be thrown out due to lack of standing.

 

[AlmostThere]

The child has a legal father- for 15 years.

 

[LdiJ]

More likely John's cased would be thrown out due to lack of standing.

That is certainly what I would have said 15 years ago, maybe even 10 years ago. However, the tide seems to be turning a bit on similar situations. It is however still a real possibility.

 

[Zigner]

That is certainly what I would have said 15 years ago, maybe even 10 years ago. However, the tide seems to be turning a bit on similar situations. It is however still a real possibility.

No, it's really not. The law doesn't allow for it in California.
(Under these circumstances.)

 

[LdiJ]

No, it's really not. The law doesn't allow for it in California.
(Under these circumstances.)

The "however it is still a real possibility" was referring to your statement that the judge would toss the case based on standing. It is a real possibility that the judge would do that.

 

[Zigner]

The "however it is still a real possibility" was referring to your statement that the judge would toss the case based on standing. It is a real possibility that the judge would do that.

Gotcha.

 

[zddoodah]

Another issue is that the child already has a legal father in their life that is on the birth certificate.

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?

John now knows about the child and rightly suspects it is his.

How and when did he acquire this information?

John has contacted the mother and has said he that he is going to sue for custody as well as pain and suffering, as well as fraud.

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).

I am on not on the side of the bio father.

Ummm...what?

 

[Junda]

I will start this off by saying that I don't care about mom or what she has done, or John and what he wants either. All I care about is the best interest of this 15 year old boy.

This is not a simple situation, particularly due to the child's age. John would have to sue to establish paternity which a judge might or might not allow due to the child's age and the potential disruption to the child's life. Then if paternity was established John could sue for some form of custody or visitation rights, but again, due to the child's age the child's wishes would factor in. By the time John got far enough along in the process to establish paternity it is possible that the child could be near enough to 18 that John attempting to force anything against the child's wishes would be a recipe for disaster if John would hope for any kind of long-term relationship with the child.

If I were advising mom I would probably advise her to fight against anything that would be disruptive to the child, and encourage her to encourage John to get to know the child on a gradual basis. I suspect that any attorney that mom hired would probably try to stop a paternity challenge from even happening. There is no guarantee that the attorney would be successful, but he would likely try.

If I were advising John, I would emphasize to him that the child is a person with their own feelings and opinions and that trying to shatter his world and his sense of self in one fell swoop is not in the child's best interest, nor is it likely to endear him to the child. He should care more about his child than about punishing mom. He should work towards establishing his paternity and a relationship with the child in a manner that works towards the best long term success. It might be in John's best interest to have some sessions with a counselor or therapist to help him determine what the best steps are going forward. He should consult with a local (local to the child) attorney as well.

Thank you