How can we prevent a biological father to be part of the child's life? 24 Answers as of November 17, 2011

My child was born eight months ago but my husband is not the biological father. My husband's name is on the birth certificate. My ex is now trying to get a DNA test done. My husband and I don't want my ex to have any part of the child's life, how can we prevent this?

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Reza Athari & Associates, PLLC | Seth L. Reszko
If there are valid grounds, you can request that his parental rights be terminated. Abandonment is a ground for termination. The Courts will concentrate on what is in the best interests of the child before it terminates.
Answer Applies to: Nevada
Replied: 11/17/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Generally, a child born during a marriage is presumed to be a child of the husband. If a biological father succeeds (by DNA testing) to rebut that presumption, a court will have to decide what is in the child's best interest as far as allowing the bio father to be involved. Depending on the facts and circumstances and upon what state you are living in, the law may not even allow the bio-father to challenge the presumption. You should consult an attorney for more comprehensive advice.
Answer Applies to: Colorado
Replied: 11/17/2011
AyerHoffman, LLP
AyerHoffman, LLP | Cara Lee Thompson
A child born of the marriage is presumed to be your husband's. However, the biological father can certainly rebut this presumption by obtain a DNA test and filing a complaint to establish paternity. Once that complaint is filed, you can answer and contest whether he should have any custodial rights of visitation with the child.
Answer Applies to: Massachusetts
Replied: 11/17/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
Good luck. If he was born during the marriage, he is presumed to be a child of the marriage.
Answer Applies to: California
Replied: 11/17/2011
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
WI law is that your husband is the baby's father. You do not have to do the dna test and if he file a motion in court, you can fight it, given the presumption of the husband being the father. There are only limited circumstances where this is not the case.
Answer Applies to: Wisconsin
Replied: 11/17/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You likely cannot prevent it if he actively pursues it.
    Answer Applies to: Georgia
    Replied: 11/17/2011
    Charles Regan Shaw, PLC
    Charles Regan Shaw, PLC | Charles R Shaw
    The state presumption is a child born of the marriage is that paternity is that of the father.
    Answer Applies to: Michigan
    Replied: 11/16/2011
    Lawsmith, The Law Office of J. Scott Smith
    Lawsmith, The Law Office of J. Scott Smith | J. Scott Smith
    You can't. If the ex is the father and it's proven via DNA testing, he has every right to see his child and the courts will enforce his rights.
    Answer Applies to: North Carolina
    Replied: 11/16/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    If the child was born during the marriage, the biological father has no standing to file an action in court to be declared the father.
    Answer Applies to: Michigan
    Replied: 11/16/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    You may have a problem. The court might take the position that the child is your husband's because you are married. However, if it is determined that the child's father is someone else, the man will be allowed to bond with his child.
    Answer Applies to: New Jersey
    Replied: 11/16/2011
    Law Offices of Steven A. Hemmat
    Law Offices of Steven A. Hemmat | Steven A. Hemmat
    If you were married at the time of the child's birth, your husband will be the presumed father. A third party may not have standing to insist upon a DNA test. It will require further research to determine this issue. Contact an experienced attorney to assist you.
    Answer Applies to: Washington
    Replied: 11/16/2011
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    You can file for an adoption to allow your husband to be adjudicated the legal father and at the same time terminate the biological father's rights. The biological father would have to present arguments as to why he should still be granted any rights which may include showing support and visitation during the pendency of the action. There are some circumstances even on a contested adoption where the biological father will be relieved of his rights to a child. You will need an attorney to advise you and guide you through this process for the best result.
    Answer Applies to: Alabama
    Replied: 11/16/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    What you are asking may be a significant problem. First, my recollection is that our courts have ruled that every child has a constitutional right to an accurate determination of paternity. So, if the ex-boyfriend is willing to press the issue, it will likely have to go forward at least as far as determining who the father really is and entry of an appropriate order of paternity. After the paternity issue is settled, then, there is the issue of the parenting plan. You may have some luck with this, depending on why you don't want your ex to have any involvement with the child.
    Answer Applies to: Washington
    Replied: 11/16/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You should see an appropriate parenting plan.
    Answer Applies to: Washington
    Replied: 11/16/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    The child is considered a marital child unless it is determined to be in the child's best interest that something else should occur. Get an attorney. There are specific ways to fight it but once the process is dealt with wrongly, it is impossible to change.
    Answer Applies to: Wisconsin
    Replied: 11/16/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A biological father has a right to seek to establish paternity, custody and parenting time rights. Unless that parent endangers the child, it is likely that the court will allow the parent to be a parent.
    Answer Applies to: Minnesota
    Replied: 11/16/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    The only way I know of would be to terminate the biological father's rights. To do that, you would have to prove that his involvement with the child would be detrimental to the child's best interest. Common examples are parents who abuse drugs or the children and live in unsafe conditions. If the biological father is not a safety risk he will very likely get visitation rights with the child and also be ordered to pay you child support. Another possibility is if the biological father agrees to voluntarily terminate his rights or simply drop his Paternity case.
    Answer Applies to: California
    Replied: 11/16/2011
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    Under Washington state law, the biological father can file a parentage (i.e., paternity) court action to establish his rights and duties as a parent to the child. If he is determined by DNA testing to be the biological father, his rights will be recognized by the court.
    Answer Applies to: Washington
    Replied: 11/16/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Simple: Hire a lawyer. Your husband is the putative father, assuming you were married at the time of the child's conception. This is a significant burden to overcome, and some courts will not permit DNA evidence to be collected or admitted. Now, if you were not married at the time of conception, that may be a different matter. Please consult with a local domestic relations attorney for further information.
    Answer Applies to: Ohio
    Replied: 11/16/2011
    Odin, Feldman & Pittleman, P.C.
    Odin, Feldman & Pittleman, P.C. | Richard A. Gray
    Unless the biological father is unfit for some reason, you can't prevent him from seeing his child. Assuming your ex is shown to be the biological parent and unless he's willing to give the child up for adoption, he has an absolute right to be a part of his child's life. He can petition the court for visitation and he will get it. What the nature and amount of visitation is another matter.
    Answer Applies to: Virginia
    Replied: 11/16/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Unfortunately the bio father has the right to pursue his rights. You can object, but it will still go to contested litigation. There are no guarantees either way. You need to consult with an attorney about your specific situation and how you might be able to object to the bio father's claims if he does file an action.
    Answer Applies to: Georgia
    Replied: 11/16/2011
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