Legal Question in Family Law in New Jersey

hi

I have a 7 year old daughter. When she was born I notified her father, told him I have had the child, your child. He said he'd come by in a few days.. never did. I named my boyfriend at the time on the birth ciertificate and since then he has raised her as his and continues to do such. Now the biological father is now married and wanting children as of last year. Now he does come by to see her once in awhile living so far he doesn't get to see her much. Total times ever, 10? Anywho, he now is demanding rights because my daughter doesn't want to go for thanksgiving and he wants her to, so i left it up to her. Now he's threatening to take me to court. Someone who goes to school for law told me the PA law is her bio can't touch our happy family not only because it's been so long but because the man on the birth ciertificate has father rights and now legally dna or not he is the father. Is this right?


Asked on 11/18/07, 6:32 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Re: hi

You are a bit confused. If the child is born to an intact marriage there is an irrebuttable presumption that the child is that of the husband unless the husband can prove he was impotent, incarcerated or off on military service.

If he comes an files for custody he will have several things he will have to prove. First, is through a DNA test that he is indeed the biological father. If he proves that then he will have to show it is in the best interests of the child that he get some amount of partial custody. The fact he has been absent over 7 years hurts him but doesn't rule out the possibility of him getting some partial custody.

The fact that you have established a loving family for the child is a strong fact in your favor.

At 7 your child is too young to have a real say in the matter. However, the judge probably would talk to the child.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

Read more
Answered on 11/19/07, 8:31 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Jersey