2006-09-13 18:13:15 · 5 answers · asked by m w 1 in Family & Relationships ➔ Family
If the father had the child(ren) while married and was considered a parent during the marriage, his paternity will not be challenged by the courts unless legally contended by the mother.
YES- he has rights as a father. Even if he is proved not to be the biological father, he often still gets paternal rights if he filled the role of father to the child.
2006-09-13 18:22:37 · answer #1 · answered by wupierto 4 · 1⤊ 0⤋
as far as i'm aware, until paternity is proven, the father has neither rights nor responsibilities as far as a child is concerned. if the father signed the birth certificate, in most or possibly even all states he has accepted legal (financial) responsibility for the child. the court will have to decide what his rights are. please keep in mind that child support payments are not an admission fee to see a child. they are entirely separate issues.
with that being said, if the father has been good enough to take responsibility for a child he doubts might be his own, i would hope the mother would be good enough to give him rights to spend time with the child, even if that means only in her presence. that can be a personal agreement between them but is unlikely to be enforceable in court. a dna test and a court order specifying rights and responsibilities is the best alternative.
2006-09-13 18:34:36 · answer #2 · answered by jbslass 6 · 0⤊ 0⤋
When my husband and I sighned the affidavit of parentage in Michigan we were not yet married. No Paternity test was mentioned. Before he sighned he was told that no matter what occurs in the future he is the legal father and cannot argue it. If you are having difficulties with custody and such try Checking out ADAM.com I wish I had more details but I could not legally help only give more informative advice. Good luck
2006-09-13 18:18:56 · answer #3 · answered by charity2882 4 · 1⤊ 0⤋
No. The first thing that has to be done is have a paternity test. Then after that has been proven, he can then have rights but its going to have to be a legal matter.
2006-09-13 18:15:05 · answer #4 · answered by sarah071267 5 · 0⤊ 1⤋
Yes he does,to get it prove you have to take legal help and get legal order issued for DNA test to be conducted as per your requirement asked.
2006-09-13 18:17:38 · answer #5 · answered by Dipi s 4 · 0⤊ 0⤋