Legal Question in Family Law in New Jersey

Re: rights of biofather if married when child was conceived

The father has equal rights, however, someone has to get custody. I don't see that changing from you. You cannot shut him out absent a court order. If he wants visitation, I suggest you hammer out a visitation schedule or go to court.

Re: rights of biofather if married when child was conceived

There is a legal presumption that the person you are married to is the father. This is a rebuttable presumption and the biological father would have to take some affirmative action to assert his rights. It seems to me that if he is doing nothing at this point to assert his rights and if your husband is doing everything that a father would be doing for his child, the longer that time passes, the less likely it is that a Court would take any action to insert the bio father into the equation.

Keep in mind that this advice is given based on the little bit of information that you have

provided in your question. My advice may change based on other information. Further, no one

can rely on advice from an attorney who has not been retained. You cannot rely on this advice

because we have not personally met and you have not retained me as an attorney. If you have not

already done so, you should immediately meet with an attorney for a full consultation before you

take any further steps. You may feel free to call me to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good

luck! Rob Gleaner

Re: rights of biofather if married when child was conceived

The biological father has the same rights as any father. You have created this situation and will have to make the best of things

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: rights of biofather if married when child was conceived

I have read what the other attorneys have said.

You really need to get some assistance from an attorney. I suggest you find an experienced divorce attorney (this is a divorce type problem) who is not too far from you, and ask the attorney for assistance. You will have to pay the attorney for the attorney's efforts.

There is a lot at stake. Get a lawyer!

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