Legal Question in Family Law in Nebraska
Does biological father have rights over father on birth certificate
My wife and I were married with one child, she had an affair and produced a second child. I always claimed the child as my own, and my name is on the birth certificate as the father. We are now, 3 years later, going through a divorce. I recently learned that the mother of the biological father has been talking to an attorney. Does she or the biological father have any rights or ways of trying to legally prove this child to be his. Do I have any chance of loosing my parental right over this child? Does my wife?
1 Answer from Attorneys
Re: Does biological father have rights over father on birth certificate
DNA testing would ascertain who the biological father of the child is; it is not clear from your message, however, I assume the child whose paternity you question is now 3 yrs old? It would appear that there are many pieces concerning this child which a court would consider, e.g., w/whom has the child bonded? where has the child resided? Rumor is certainly not sufficient to affect parental rights; if the facts of birth and care of the child are as you stated, the burden to prove you are not the biological father of this child is on anyone who says you are not.
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