Can my fiance claim paternity? 14 Answers as of June 02, 2011

I am about to start a divorce with my husband, from whom I've been separated for several years. I have a 5 year old son who was born almost 2 years before I married, and for whom there is no father listed on the birth certificate, and no paternity established. He is most likely not my soon-to-be ex-husband's child. However, it is likely that my current fiance, who I will be marrying as soon as the divorce is finalized, IS my son's father. Is it possible for my fiance to be named on my son's birth certificate and acknowledge paternity? He loves my son as his own, has been acting as Daddy for over 2 years now, and wants it to be legal. We don't want to deal with paternity testing, or involve my ex, who is very mentally unstable and abusive and entirely uninterested in my son.

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
I think you could accomplish what you want with a divorce, marriage, and adoption, in that order. Stay well.
Answer Applies to: Alabama
Replied: 6/2/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
You have a dual problem. First, you need to be certain that your divorce paperwork clearly confirms that your husband is not the childs father. Since the child was born two years before your marriage, there is no presumption of paternity benefiting your husband and the divorce decree can specifically state that there were no children born of the marriage. If you believe your fiance is the biological father, you should obtain DNA paternity testing to confirm that and, then, if he is, you can get the birth certificate changed to confirm that fact. If you then marry him, there will be no need to establish any specific parenting rights or plans in connection with determining the paternity. If he turns out not to be the biological father, once you have been married to your fiancee for one year, he may petition for a step-parent adoption based upon either abandonment or nonsupport by the biological father or the biological fathers consent. However, to accomplish that without written consent of the biological father, it will first be necessary to try to identify the biological father and provide him with notice of the proposed adoption.
Answer Applies to: Colorado
Replied: 6/1/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Your fiance may always adopt the child if there is no presumed father or, if he is the father, may assert paternity by filing an action or, with your consent, signing a Recognition of Parentage.
Answer Applies to: Minnesota
Replied: 5/31/2011
Goolsby Law Office
Goolsby Law Office | Richard Goolsby
I would strongly recommend you consult with and retain a divorce attorney in your community to discuss all the facts and options. Good luck!
Answer Applies to: Georgia
Replied: 5/31/2011
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
A mother can list anyone on the birth certificate. Do the paternity to establish that he is the father. We have couples that come in to establish that the bio father IS the father. They just want it legal so the father has all the rights that the mother has. Fiance can claim paternity as long as he is the bio father. If this is confusing to you, make an appointment.
Answer Applies to: California
Replied: 5/31/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    If the child was born before the marriage there is no presumption that the child is issue of the marriage.
    Answer Applies to: Connecticut
    Replied: 5/31/2011
    Komanapalli Massey LLP
    Komanapalli Massey LLP | Mark A. Massey, Esq.
    He may file a petition in the Family Law Court to"establish paternity." If you support his petition and tell the court that he is indeed your son's father, that coupled with the fact that your fiance has held your son out as being his child and has also taken your son into his home to reside for even a brief period will qualify and entitled him to not only a finding of paternity, but that he is the boy's "presumed father." Status as a presumed father provides a father with rights equivalent in every way to a child's mother. It is the highest form of paternity. If you would like for us to get this task done on your fiance's and your behalf,moreover on your son's behalf, we would be more than happy to assist.You need only reside somewhere in Southern California and retain us to do so.
    Answer Applies to: California
    Replied: 5/31/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    Assuming Oregon law: Paternity can be established in three ways: Voluntary signing an affidavit of paternity by birth mother and birth father; DNA (saliva swab); Judicial decree; DHS has a website that has the voluntary affidavit, which is clearly the easiest way to establish paternity. Good luck.
    Answer Applies to: Oregon
    Replied: 5/31/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    In Michigan and Ohio, there are processes in place to allow the fiance to assume paternity. Please check with local counsel for further information.
    Answer Applies to: Ohio
    Replied: 5/31/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    You can leave him off the lawsuit. If your husband believes he is dad or wants to find out if he is dad, he will request paternity testing.
    Answer Applies to: Connecticut
    Replied: 5/31/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes it is possible. Speak to a matrimonial attorney.
    Answer Applies to: New York
    Replied: 5/31/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    If this statement of yours is true: "my ex, who is ... entirely uninterested in my son," the it is possible, but a paternity test may be required.
    Answer Applies to: Washington
    Replied: 5/31/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    I don't know whether he could acknowledge paternity at this point. One of you could file a court action to determine paternity of the child.
    Answer Applies to: Washington
    Replied: 5/31/2011
    Berner Law Group, PLLC
    Berner Law Group, PLLC | Jack Berner
    Sounds messy, because you're dealing with phrases like presumed father and alleged father. If you reside in Western Washington, feel free to contact my office for a free, no obligation consultation-by phone or in person-about your case. We are experienced, aggressive (when necessary) and affordable.
    Answer Applies to: Washington
    Replied: 5/31/2011
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