Legal Question in Family Law in Louisiana

biological vs legal father

I am going through a divorce and my spouse is listed on the birth certificate as the father of my daughter although she has a biological father who has never seen her. Now the man who got me pregnant is wanting parental rights after 5 1/2 years. If he gets parental rights, what would this mean to my ex husband who was granted primary custody. Would he lose his rights to her?


Asked on 7/16/09, 4:43 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: biological vs legal father

First the bio dad will have to come forward and aggressively seek paternal rights. The court will be very interested in his explanation of where he has been during the pregnancy, birth and the 5 1/2 years of her life. Your ex is an exceptional person to want to raise a child who is not his, and I am guessing the court will not break that bond between the child and the only "dad" she has known, and may even force the bio dad to start paying child support.

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Answered on 7/17/09, 7:13 am


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