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If the believed biological father has now decided that he wants custody of my son and passes a paternity test, is there any legal way he can take rights away from my son’s “father”?

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If the believed biological father has now decided that he wants custody of my son and passes a paternity test, is there any legal way he can take rights away from my son’s “father”?

I have 2.5 year old son. The biological father is not fully known but believed to be a guy I was seeing at the time of conception who advised me to abort, and wanted nothing to do with the child. A friend of mine at the time who became my significant other decided to take the role of father and was there from the day I found out I was pregnant up until birth. His name is not on the birth certificate though he was Dad at birth and has been a fantastic one ever since. We are no longer together but we share joint custody of our son.

Asked on November 30, 2012 under Family Law, Indiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the biological father comes into the picture and paternity test proves he is, there may be issues. While you never placed this second person on the birth certificate and I assume unmarried, there is nothing really there in terms of legal orders to help the one who was there for you because you don't mention a court order stating he is the father. If there is a legal adoption and legal custodial agreement by the court, that may help in case biological dad comes back into the picture.


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