What can I do if my rights to a child might be taken away from me? 20 Answers as of September 20, 2011

Actually the law just substantially changed on this situation. The short version is that she would lose all rights to receive any future child support from you, and the other man would be adjudicated by the court to be the father, but the court would provide a way for you to remain in the child's life. I'm not completely sure how that will work, but I would guess rather like the way it does when a grandparent files a suit to be able to spend time with a grandchild they don't get made the child's conservator, or have any control over things like education or medical decisions, but do have rights to regular visitation (I would guess rather MORE regular if the other man chooses not to be in the picture). Depending on the specifics here, you might also be able to adopt her if the other man isn't interested in being a real father to her anyway, but that would be a bit tricky if you're about to divorce. Sad to say, if that were the case, it might end up coming down to which one of you she'd think she could get more child support out of.

If paternity was not contested during the divorce, it can not be raised at a later date. The time to challenge paternity was during the divorce.

You may still have all rights and if not you would still be able to assert a parent child like relationship and have access.

You will need to hire a lawyer to protect your rights. A child born during your marriage and ruled your child in the final divorce decree is your legal child and you should have superior rights over the biological father.

Get an attorney. It is unlikely that the court would find you not to be the father even if you are not biologically the dad.

Since you were married at the time of the birth, are legally recognized as the father, you have the rights. You simply need to object to any court procedures she attempts to undo that. As long as you participate and object, your legal rights should remain.

You should immediately contact a family law attorney who is experienced with contested paternity actions. Since you were married to the mother, took the child into the home and you are on the birth certificate, you are the presumed father of the child. Your rights will be superior to any rights which are asserted by the other person. If you have been through the divorce process and there are court orders in place which show that you have custodial rights to the child, it will be even more difficult for your wife to set aside the paternity. There have been numerous cases that are similar to yours in California and the law is fairly clear that you will maintain your status the natural father of your child.

There are three forms of legally recognized fatherhood in California: 1. A biologocal connection; 2. Being married to mom when the child is born; and, 3. Receiving the child into your home and holding the child out as your own ("putative father"). From the facts you have stated, you are this child's legal father under both #2 and #3. Also, I imagine your divorce judgment and custody agreement name you as your child's dad. The court will be loathe to disrupt the bond that has already been formed between you and your daughter. Regardless of how the paternity test comes back, nothing will happen unless and until this other guy tries to file for parentage. I urge you to consult with an attorney if any action arises.

You have established legal paternity with the child by birth certificate and marriage, the court will not look favorably on your wife having essentially perpetrating a fraud on the court. There is something in Arkansas called "in loco parentis" that protects people that have stood in the place of a parent from being removed from the child's life. The court will look to what is in the child's best interest and if she has established a parental bond with you the court will not likely want to disturb that. I would retain an attorney to fight for your parental rights.

You may be entitled to continue your relationship with the child if the court determines the relationship is in the child's best interests. You should file a motion to confirm the specifics of your parenting plan if you do not already gave an order to that effect.