How can we get custody if my husband is on the birth certificate but DNA shows he's not the father? 4 Answers as of June 05, 2013

My husband has two kids. He signed the birth certificate of both children, but later was told one of them wasn't his child. He still cares for the child as it's his but my question is, if child support papers are served and a DNA test shows that he is not his father, will he still have to pay because he is on the birth certificate? Also, if we were trying to take custody of the children, what all would we need to fight in court? With one of the children not being his, but his name is on the birth certificate, would that stop us from being able to take full custody?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
No that does not preclude he being the stepfather as there is a determination on what is the best interest of the child between you and the bio Dad.
Answer Applies to: Georgia
Replied: 6/5/2013
The Law Offices of Tres A. Porter | Tres A. Porter
It really depends upon the age of the children and whether or not he was married to the mother at the time the children were born/conceived. You need to speak with a family law attorney in your area as soon as possible.
Answer Applies to: California
Replied: 6/5/2013
WARM SPRINGS LAW GROUP | Elliott D. Yug
Legally your husband is the father until a court says otherwise. If the biological father wants to get involved in the child's life then he has to initiate court action. You don't say how old the child is, but the older the child is the more problematic it is for him to come into the child's life. Where is the mother in this?
Answer Applies to: Nevada
Replied: 6/5/2013
Law Offices of Julie A. Ringquist | Julie A. Ringquist
It may very well be too late for your husband to claim he isn't the child's father if he has held this child out to society as his own and allowed the child to believe he was the father. The court wants children to have stability, if there is a question of paternity, it should be challenged right away, so that the child grows up with one father. You will need to contact an attorney in your area to research the law and cases in your state and compare them to the specific facts of your case (most importantly, how old the child is, and at what point he became aware that the child might not be his).
Answer Applies to: California
Replied: 6/5/2013
Click to View More Answers: