Saturday, February 4, 2012

What rights does the biological dad have if another guy signed the birth certificate?

My ex boyfriend found out he has a two year old kid, but the women he had this kid with said that her current boyfriend was the father so he signed the birth certificate and now they found out that my ex boyfriend is the father? what rights does he have since someone else signed the birth certificate and has been raising this kid for 2 years. This other guys wants the rights, because he has been raising the child. The biological dad is willing to give up his rights, how does he go about that?What rights does the biological dad have if another guy signed the birth certificate?
If the other guys name is on the birth certificate- legally the other guy is the dad unless your ex decides to contest paternity.

Contesting paternity makes you ex the dad- with the responsibility of child support and everything! Unless your ex is paying child support, he doesn't need to do anything. The other guy is legally the father.
He would have to find a good attorney. In Texas the one who signs the BC is the father and it takes an act of congress to prove otherwise!What rights does the biological dad have if another guy signed the birth certificate?
The only way he's going to get round this is by dna testing once that is done and it confirms he is the natural biological father then he does have rights to his baby. If he does want to give up his rights to this other fella then he will need to go to court and settle it through the court hope this helps:)What rights does the biological dad have if another guy signed the birth certificate?
As stated he would need to contest the paternity by having the courts force a paternity test.



Although I have to ask...is he sure he want to do that? If the girl and her boyfriend are in a stable relationship and doing well it may be best not to do anything. I know it goes against ones first instinct as a father; but it could be more confusing and emotionally difficult on the child to have a third parent he/she doesn't know showing up and insisting on visitation rights suddenly. This is especially true if the mother and father do not get along well, which it sounds like it is the case for your ex. The kid may be better off in a stable home with two parents and no complications. Not to mention it saves your ex from having to pay child support.



If the mother is reasonable his best option is to try to arrange to be involved in the child's life without throwing in the complication of the courts. Once the courts get involved everyone starts fighting for what the want and the poor kid gets caught in the crossfire.
He needs to get a lawyer, and then get a DNA test for himself and the child to prove paternity. It's very simple but it will cost money for legal fees.
He can go to court and get a dna test. He should do so. If the other guy wants to adopt the child and your ex is fine with it, then signing the paperwork to finalize an adoption will protect your ex from being sued later, after his ex breaks up with her husband, for child support.

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