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Hello,

I am a mother to a 9 month old daughter. I am legally married, however her father is not her biological father. We were legally married at the time of conception and the time of birth, though we were separated at the time just not legally. There is no father listed on her birth certificate as her biological father is not involved, and I was separated from my husband. My fear is that one day her biological father will decide to try and fight for custody of her (though he has made it a point that he does not want anything to do with my daughter as he or his family have never met her) or that his parents will try. I want to know what I need to do in order to prevent this from happening. He is not listed on the birth certificate, and I know by law my husband would be seen as the father since we were married at the time of birth, however I don't know what rights the biological father and his family currently has. I need to know what I need to do legally in order to make sure I am the only person with rights to my daughter.

 

Thank you,

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Now, you and your husband are the parents of the child.  It will remain so unless and until the biological parent files an action in the appropriate court to claim paternity and to accept financial responsibility for supporting the child.  The parents of the biological parent do not have standing to make any claim for custody of the child.  At this time there is nothing you can do to prevent the biological parent from asserting a claim for paternity, should he decide to do so.

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Ask the biological father to sign away his rights. As of right now not only does he have the rights to her but she has the right to child support from him!!! He can sign his rights away or pay child support! 

If he truly wants nothing to do with her and is faced with child support he will quickly sign his rights away!!

i know deadbeat dads and the threat of support for a child they want nothing to do with usually gets them to sign away all rights!

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 As of right now not only does he have the rights to her but she has the right to child support from him!!! 

NO he does not.  Under the law, as you the OP are aware, your husband is the presumptive father.  If the bio dad chooses to ask for a court ordered paternity test which proves he is the father, he could have visitation rights and the obligation to  pay child support.  If he  chooses to do nothing, nothing will change.  if you wish, after  the paternity test, you could ask him to give up his rights and your husband could adopt the child.

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50 minutes ago, COMom36 said:

Ask the biological father to sign away his rights. As of right now not only does he have the rights to her but she has the right to child support from him!!! He can sign his rights away or pay child support! 

If he truly wants nothing to do with her and is faced with child support he will quickly sign his rights away!!

i know deadbeat dads and the threat of support for a child they want nothing to do with usually gets them to sign away all rights! 

As of right now, the bio dad has NO rights to sign away.  A child born of a marriage is presumed to the husband's child.  The poster's husband is the legal father regardless of whether he's on the birth certificate or not.  As Doucar pointed out, bio dad has to assert his potential paternity in court and that would also expose him to a child support order.

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17 hours ago, Singlemomma said:

My fear is that one day her biological father will decide to try and fight for custody of her

 

Why are you afraid of this?  He was good enough for you to commit adultery with and create a child.  Why isn't he good enough to actually act like a father?  Don't you think your child would be better off with both parents actively involved with her life?

 

 

17 hours ago, Singlemomma said:

My fear is that one day her biological father['s] parents will try [to obtain custody].

 

That's an irrational fear.  Grandparents have little/no ability to obtain custody unless the child is removed from her parents' custody and placed with a foster parent.

 

 

17 hours ago, Singlemomma said:

I want to know what I need to do in order to prevent this from happening.

 

There is nothing you can do to prevent your child's biological father from seeking to establish paternity and obtain custody.  Nor can you prevent your husband (or maybe he's now your ex-husband; I can't tell for sure) from seeking custody in connection with a divorce.

 

 

17 hours ago, Singlemomma said:

I don't know what rights the biological father and his family currently has.

 

Currently, none, but the biological father can seek to establish paternity and obtain legal rights.

 

 

1 hour ago, COMom36 said:

Ask the biological father to sign away his rights.

 

There is no such thing as "sign[ing] away his rights."  For starters, the person that the OP has described as the biological father current has no legal rights regarding the child, so there is nothing to be signed away.  Second, even if this man signed something that purported to waive all rights regarding the child, such a document would not be legally enforceable.

 

 

1 hour ago, COMom36 said:

As of right now not only does he have the rights to her but she has the right to child support from him!

 

Wrong and wrong.  The man described by the OP as the biological father has no more rights regarding the OP's child than you or I have; nor does he have any obligation to pay child support (and child support is an obligation owed to the custodial parent, not to the child).

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On 1/16/2019 at 1:42 PM, pg1067 said:

 

Why are you afraid of this?  He was good enough for you to commit adultery with and create a child.  Why isn't he good enough to actually act like a father?  Don't you think your child would be better off with both parents actively involved with her life?

 

 

Excuse me... ME AND MY HUSBAND WERE SEPARATED FOR A YEAR WHEN I GOT PREGNANT ! don't assume **** if you don't know ****. I asked a question, not for you to judge me. he was in a separate relationship at the time as well. Thank you jerk. And I'm afraid that he's going to try and get custody out of SPITE.  I actively try to have him involved in my child's life. I actively try and get him to tell his family about her too, but they don't even know she exists because of how much of a POS he is. And no, I wasn't aware of this when I got pregnant. I knew him since middle school, and he never seemed like that type of person... But NOW I know. so no he's not good enough to act like a father. BECAUSE HE WONT EVEN ACKNOWLEDGE THAT SHE IS HIS. So maybe before you try to troll and be an ass, you can just answer the questions asked and not try to assume why. Thanks. 

 

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9 minutes ago, Singlemomma said:

 NOW I know. so no he's not good enough to act like a father. BECAUSE HE WONT EVEN ACKNOWLEDGE THAT SHE IS HIS.

If he wants nothing to do with her, leave it be.  You were married at the time of conception and your husband is the presumed father until a court says different.  Nobody can tell you any more than that.

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50 minutes ago, pg1067 said:

My, what a charming person you are.  My condolences to your child.

 Condolences to my child ? I’m a single mother , working full time , and going to school full time to make sure my child has the best future possible . I’m doing a damn good job , and my daughter is my number one priority . So when people assume I wouldn’t want what’s best for my child (like having both parents in her life) I get defensive . Or when they try to assume I’m a bad person and commited “Adultry”, when I specifically stated that we were separated .

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I don't want to get in the middle of this but the fact is when you are married, regardless of whether you are living your spouse, and you have sex with someone not your spouse, that is adultery, plain and simple.  You have not said if you and your husband are still married or not.  If you are getting a divorce, the issue of your child should be addressed.  Legally,  your husband is the father and has the duty to support a child of the marriage until a court says otherwise. 

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23 hours ago, LegalwriterOne said:

I don't want to get in the middle of this but the fact is when you are married, regardless of whether you are living your spouse, and you have sex with someone not your spouse, that is adultery, plain and simple.  You have not said if you and your husband are still married or not.  If you are getting a divorce, the issue of your child should be addressed.  Legally,  your husband is the father and has the duty to support a child of the marriage until a court says otherwise. 

 

The other commenter wasn’t stating “adultry” as a fact . He was stating it to get under my skin by saying “if he was good enough to commit adultry with” , as though I was in a happy marriage and ruined it by sleeping with someone else . 

 

Currently my husband is in jail awaiting trial for murder 1 charges , so I’m not worried about his role . Only the biological fathers . 

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