Legal Question in Family Law in Florida
Someone else thinks he's my son's father.
My wife became pregnant around the time she broke up with a
certain individual,
and began dating me. About six months later, we got married, and
three months
later my son was born. The boyfriend she dated came forth, and tried
to say he
was certain he was the father, and etcetera. This man has many social
and
mental health problems, as well as a (juvenile) criminal record, is a
dropout, and
has assaulted my wife in the past (while still dating her). The problem
is, he may
very well be the father, although I personally do not care. I'm raising
the baby
with my wife, and I couldn't care less what blood flows through his
veins. I love
the baby, and my wife very much.
My main question is, is there any way that he'd be able to contest? I
do let this
man see my son, because my wife and I are actually great friends with
his parents
and other family members, though it's always supervised. He thinks he
deserves
rights to the baby, a name change, custody, and many other various
things which
I will not let happen, if I can help it. Please, tell me, how do I keep him
from
getting any rights over my son? Is he entitled to anything? What
rights do I have
in this situation?
1 Answer from Attorneys
Re: Someone else thinks he's my son's father.
Because your son was born into an "intact marriage," the putative father has no standing to litigate a case to determine his paternity, time sharing or support of the child, as long as you and your wife oppose it. He can file it, but once the two of you object, the court has to dismiss it. And once you challenge his lawsuit, you can never challenge your own paternity of the child, and your wife can never sue the other guy for child support.
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