What happens when my wife gets angry and threatens to bring the biological father into the picture even though he has not helped financially since the child was born. Can the biological father come into the picture at any time and have rights? Can my wife add his name to the birth certificate at any time without my permission? Can he get visitation rights? Can my wife remove my name from the birth certificate because I am not the biological father?
2006-10-16 17:02:46 · 12 answers · asked by Anonymous in Family & Relationships ➔ Other - Family & Relationships
I hope you figurate out...but you should talk to a lawyer and he will let you know.... i mean a father is really the person who raises the kids... i consider my stepdad more of a father to me then my actual father ever was..he was the one who was there and so on...
I know it's really hard for you because you love these children but I believe that he might have some right but you have more than him... talk to a lawyer about it ..even if its on the phone..and
your wife should stop doingthat b/c she is probably just threatning you ....why would she want the old guy back in the picture you know?
If she put your name there is b/c she trusts you...
2006-10-16 17:07:53 · answer #1 · answered by Cutie77 3 · 1⤊ 0⤋
If he comes around and has parental testing done, then yes, he will receive all parental rights including to have his name on the birth certificate. In your best interest, you can ask him to sign away all parental rights to the child NOW and you will be the childs legally adoptive parent with ALL parental rights are yours as a father. Just remember this, if things do not work out with you and her, with your name KNOWINGLY on his/her birth certificate, she can sue you for child support. So unless the biological father comes around wanting his rights, you are the father in the courts eyes because they see in the childs favor at all times, but you sound as if that's okay because I take it you want the child. You are quite a man if I'm right and he/she deserves the best. If you talk to the man he may give up rights if he doesn't feel he is ready for fatherhood. Call a lawyer, consultations are usually free, they can fill you in on the details of dos and donts. If he doesn't know the child is his, he may decide he wants to be a father, so make sure you are ready to confront that issue if you talk with him. Good Luck!
2006-10-16 17:17:02 · answer #2 · answered by Liome 3 · 0⤊ 0⤋
As far as i am aware, unless a woman and man are married and the baby is born after wed lock then no father biological or not has any rights to the child (unless the mother signs them over via court) the only time a father has parental rights etc is when he is married to the woman and then the baby is born.
Hope this helps
(you could check with cab)
2006-10-16 17:06:41 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You have what's called the estoppel doctrine in your favor. Basically, it means "when a man, by his words or conduct, has led another to believe in a particular state of affairs (in your case, that you have acted as the baby's father) he will not be allowed to go back on it when it would be unjust or inequitable for him to do so."
This also means that you cannot decide you're "not" the father to avoid child support. Paternity is determined by anyone of the following ways:
1. If the parents of a child born out of wedlock have married each other.
2. If, during the lifetime of the child, it is determined by clear and convincing evidence that the father openly holds out the child to be his and either receives the child into his home or provides support for the child.
3. If there is clear and convincing evidence that the man was the father of the child, which may include a prior court determination of paternity.
2006-10-16 17:08:00 · answer #4 · answered by Anonymous · 0⤊ 0⤋
There are forms that he would have to fill out, but since paternity has been established he probably can. If there are reasons why you don't want this to happen, you need to contact a layer. In most states, once paternity has been established, the father does have rights to the child even if his name isn't on the birth certificate.
2016-03-28 12:39:14 · answer #5 · answered by Anonymous · 0⤊ 0⤋
no she can NOT just remove you from the papers or the childs life.... there are courts for this stuff.... the bio father at this point would have to adopt his own child... blood test, DNA, would have to be done and lots of this and that.... and you has the only father the chid has known would prob. still have some rights as far as visitation etc...... but a lawyer is your best bet at this point...... God bless
2006-10-16 17:07:55 · answer #6 · answered by Annie 7 · 0⤊ 0⤋
well if you name is on the birth certicate then i am pretty sure he has no rights but he may but i would not worry to much because if he was never there and never paid for the children then i would adopt them so he can not have the rights. She should not do that to you and to the children that is wrong for her to do that. You need to tell her about how this makes you feel and her doing that will affect the children bc they are not stupid they know what goes on when you guys argue.
2006-10-16 17:08:37 · answer #7 · answered by knowssignlanguage 6 · 0⤊ 0⤋
Unfortunately, the answer to all of the above is yes, unless you adopt the child, which would involve publishing intent to adopt in the newspaper so that "interested parties" (such as the birthfather) can dispute the adoption.
You would need to speak to an adoption/family law attorney.
2006-10-16 17:09:03 · answer #8 · answered by j3nny3lf 5 · 0⤊ 0⤋
Yes the biological father has all rights all the time!
2006-10-16 17:05:39 · answer #9 · answered by LadyL 4 · 0⤊ 1⤋
if a dna test is asked for and it proves him the father I believe he/she can have your name removed and his added, that would give him rights as any parent would have. I would consult with a lawyer in your area to be sure. I am really sorry this is happening to you, it isn't right. Good Luck !!
2006-10-16 17:08:02 · answer #10 · answered by stormyjoem 3 · 0⤊ 0⤋