My partner has been with me for 4 years and has been my daughters main caregiver since day one. He signed the paternal affidavit at her birth so if legally her father. The bio logical father may try to contest this. The bio-logical father has not provided anything financially or emotionally. He was convicted of two counts of sexual abuse of a minor about 5 years ago. What are my rights and can he file for custody or request alone time with her? What are my partners rights? Could he have the legal father titled removed is the bio dad contests it?
Child Custody Lawyer
An affidavit of paternity is a legal document signed under penalty of perjury. If he signed it knowing that he was not the Father, he can be charged with perjury. In essence, he has no rights if he is not the Father. The real biological Father may file a Petition to establish paternity, have a blood test, and proceed with establishing visitation rights if he is determined to be the Father. Your partner probably needs to consult with a criminal defense attorney if he made a knowing misrepresentation of fact on an affidavit.
The information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation.
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Divorce / Separation Lawyer
Perjury prosecutions are very rare. To get an answer about the rights of you, your partner (who may have a de facto parent claim) and the bio father (who may have serious problems getting access to the child due to the abuse convictions and his delay in filing a claim), it would be worth spending an hour with an experienced family law attorney.
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