What rights does the biological father have and can he step in now after 3 years?
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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 12 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.
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