My husband and I were separated and during that time I became pregnant; however, I'm not completely certain of who the father is. When my son was born, I gave him my last name and my husband signed the birth certificate. If there were some chance that another individual was my son's biological father, what rights would he have for custody/visitation? Also, what process might he need to go through to obtain those rights?
Family Law Attorney
He'd have the same rights as any unmarried father. He'd have to first prove paternity, although your husband is presumed to be the father, in the day of DNA testing no court will refuse a request for a genetic test supported by the appropriate affidavits. If he is found to be the father he would have every right to request parenting time, shared parenting or custody. Child support would also become an issue.
Determinations of the allocation of parental rights are usually based on the "best interest of the child" standard. It is somewhat unlikely that court would order a change in custody to a father who hasn't been in the child's life (even if it wasn't his fault). However, the father likely would be able to obtain parenting time with his child.
This answer is for informative purposes only and DOES NOT create an attorney client relationship. You are encouraged to consult the services of an attorney.
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