Full question:
Can my daughters biological father try to take custody of my daughter.My wife and I were married for 9 years. We separated for about 2 months, during that time, my wife became pregnant. We had been intimate one time during the separation, and we got back together when we found out that she was pregnant. I had always suspected that I might not be the biological father, but since my wife never gave me any indication that she was with anyone else I assumed that she was mine.I filed for divorce from my wife and It was settled late last month. 3 Days before the case settled, my now ex-wife told me that she was 95 percent sure that I was not my daughters father. I asked her who her father is, and she said it is someone that I had never met, that she had told him that he might be the father, but didn't seem to have any interest in being the father. I had a paternity test done, and confirmed that I am not the biological father of my daughter. As far as I am concerned, I am still her dad, and always will be. I have raised her as my daughter for the last 2 1/2 years. My concern is if either my ex-wife or the biological father can try to strip me of my parental rights.I do not know what kind of contact my ex-wife still has with the father, or if he is even interested in attempting to do so. And I obviously can't trust her enough to ask her. Her paternity was never contested during the divorce and my name is on her birth certificate. I'm not sure who else knows about this, she states that her parents either already know, although she told her lawyer that they don't. The divorce decree states that the our children (we also have an 8 year old son) are with me 4 nights a week and with their mother 3 nights.
- Category: Paternity
- Subcategory: Child Custody
- Date:
- State: Colorado
Answer:
You would be presumed to be the father under the law if you were legally married to the mother at the time of birth. However, this presumption can be challenged in court by the mother or the alleged biological father. In most states, a paternity action is a civil lawsuit that can be initiated by certain parties, including the mother, the alleged father, or the child.
A paternity action may be filed by the mother, the alleged biological father, or the child themselves. If a court determines that someone else is the biological father, a new birth certificate can be issued reflecting that change. A court will not automatically order paternity tests; it will review the petition to decide if there is enough information to justify one. If ordered, the mother, child, and alleged father will be tested at a designated facility. Once a court makes a determination of paternity, that decision is final, and a copy of the court's order is necessary to establish the child's rights.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.