Legal Question in Family Law in Connecticut

Re: Biological Father

That's a tough question. I'm not so sure the DNA issue is the main issue. In a situation where the noncustodial parent is the biological parent and the child does not want to visit, the reality is you can't make the child go. That is why all sorts of attempts are made including counseling, clincal visitation settings, and even supervised visits. In your situation, DNA may not be the real issue, but what kind of relationship the child has had with the "father."

One of the big questions is will the "father" agree not to push the visitation. If he will, then you can enter into an agreement and have it made a court order. If the "father" will not agree, then you have to decide if you will battle this in court. There are many occasions when a court will recognize a nonbiological parent just as if he is the biological parent if that parent has had a relationship with the child for a number of years.

You need to talk to a lawyer. This is a complicated situation and needs attention.

Re: Biological Father

If this is a Massachusetts case, law determines paternity, not DNA. Mother is estopped from litigating paternity, and Father apparently loves the child and wants contact.

That being said, the Court would likely appoint a GAL to determine what visitation was in the child's best interest, and might well look into the "why" of the child's concerns. Is the child being discouraged in some way by Mother, or is Legal Father just not being appropriate?