How Can I Keep Custody of My Child if Another Man is Discovered to Be the Father?

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: 04/07/2025
• State: Colorado

Answer:

You would be presumed to be the father under the law if legally married to the mother at the time of birth, however this may be presumption may be challenged in court by the mother or alleged father. In most states, a paternity action takes the form of a civil lawsuit. Only certain persons or parties have legal standing to bring a paternity action, including the mother of the child; the mother of an expected child; a man alleging that he is the biological father of a child; a man alleging that he is the biological father of an expected child; the child; a personal representative of the child; the mother and father of a child (a voluntary action filed together); the mother and father of an expected child (a voluntary action filed together); a state social service agency, interceding in cases of child neglect or need; and a prosecutor's office, interceding in cases of child neglect or need. An action for paternity may be filed by the child. In many states, after a child reaches the "age of majority," he has another one to five years to seek the establishment of paternity. Upon the order of a court, if an action to determine parentage is filed and it is determined that a certain individual is the father of the minor child(ren) and that determination contradicts the child's birth certificate, a new birth certificate will be issued reflecting the father as established in the court order.

A court will not automatically order paternity tests simply because a paternity action has been filed. It will review the petition to determine if there is sufficient information contained therein to warrant or justify the compelling of such a test. If the court orders a paternity test, the mother, child, and alleged father will all be tested at a court-designated facility. A court determination of paternity is final, and a copy of the court's order will be needed to establish the child's rights, both present and future.