What rights does the biological father have and can he step in now after 3 years?

Get Legal Help Today

 Secured with SHA-256 Encryption

What rights does the biological father have and can he step in now after 3 years?

Me and my fiancé just found out that our 3 year old son isn’t really mines and we found out by DNA testing. I signed the birth certificate and we filed for joint custody about a year or 2 ago. I still want to continue fathering the child after fiding all this out and be their for him but the biological father wants to step in now. He hasn’t taken any DNA testing and isn’t showing any type of effort or involvement to get in the child’s life.

Asked on June 19, 2012 under Family Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The first question is who is listed on the child's birth certificate? If you are, then under the law you are deemed the child's father until there is a court order stating that you are not.

Since you state that you are designated under the child's birth certificate as the father, his or her biological father has no parental rights to the child absent a court order at this time. You are deemed the child's father under the law based upon you being named as the father in the birth certificate.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption