I was never married to my 12 year old daughter's father. However I was married to someone else at the time. My ex-husband's name is on her birth certificate. Now her biological father is wanting to be in her life. This is something that I have always wanted to happen. My daughter and I both are happy the biological father is around.
But, my ex-husband has all the legal rights because his name is on her birth certificate, and he does not want the bio-dad around now. He has known for a long time that this child was not his biologically, but he has been a father to her. I don't want to take her away from him only schedule some time with the bio-dad, and her other brother and sister. We are going to get an attorney, but until that happens I just wondered if anyone knew what the chances are that we can work this out since twelve years have went by. We live in North Carolina
2007-01-05 04:33:52 · 6 answers · asked by hotdancingmoma 3 in Politics & Government ➔ Law & Ethics
I have been allowing the real father to see his daughter during the week, and on the weekend she is supposed to be with me.
We tried to get a schedule that would allow all three of us to have our own weekends with her, but my ex-husband refused to give up any of his weekends. He doesn't want the bio-dad to see her, not me. He feels threatened even though we have tried to explain that we are not trying to take her away from him.
2007-01-05 05:18:51 · update #1
Actually this could swing a lot of ways depending on the judge.
1. did the ex-husband pay child support to you?
2. The bio-father can ask for paternity and may be required to pay back all support to ex-husband.
3. Ex-husband can if he is this type of person say you deceived him.
4. Ex-husband can file for visitation to the child because he has been such a part of her life even if its shown that he is not the bio-dad which in your case he would show not to be. The courts are slowly seeing cases where a "step" parent has taken such a long productive part in the child's life they are getting some visitation.
You as her mother can let her see her bio father with out your ex-husband really having a say. I am assuming she is in your custody he really couldn't stop you.
Keep in mind most states set a time frame of when the bio parent has no contact with the child it considered abandonment. So the bio father is not going to look real wonderful in the eyes of the court were your ex-husband will because he raised a child that wasn't his with no concern of it.
2007-01-05 04:46:26 · answer #1 · answered by Issym 5 · 1⤊ 0⤋
regardless of who signed the birth certificate, the biological father always has rights.
First and foremost, if it does go to court, the plaintiff will most likely require a DNA test to determine paternity. If he is the father, he automatically has rights to visit the child. The number of visits and duration of said visits will be determined by the court, but I would expect something along the North Carolina parental visit guidelines.
Good Luck
2007-01-05 04:39:34 · answer #2 · answered by degendave99 3 · 0⤊ 0⤋
i comprehend that for the time of a few states if she led him to have confidence he became the daddy and he did the job of a father for greater beneficial than 2 years than he's the legal father with all an identical rights and not something can replace that. Even in states the place that may not the case, he might desire to be seen the "psychological" father because of the fact he's the only father the newborn knows. all of it only relies upon on the guidelines interior the state the place they stay.
2016-10-30 02:03:03 · answer #3 · answered by ? 4 · 0⤊ 0⤋
He can do what he wishes. If you don't want him to see her, then you can get a court order for him to stay away. It really doesn't matter, because if your daughter likes her bio. father, and you won't let her see him, you risk losing your daughter when she is an adult. Talk to the males that have been in your daughters life, if they all like to spend time with your daughter, you should reconsider allowing them all to see her.
2007-01-05 04:37:45 · answer #4 · answered by Hank Ferris 2 · 0⤊ 0⤋
doesn't matter what happened in the past. think of your daughter. she should be able to see her biological father, you dont want her to resent you and the boyfriend
2007-01-05 04:56:18 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Did he sign away his parental rights at any point? And seeing that she is older and that you are divorced....why can't she see her real dad?
I guess I'm not understanding what's stopping you...
2007-01-05 04:48:02 · answer #6 · answered by biology_freak 5 · 0⤊ 0⤋