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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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My question is in relation to paternity and non-biological

Customer Question

Hello,
My question is in relation to paternity and non-biological father's rights.
Me and my fiance have been together for 4 plus years ...at the end of last year we had a falling out because of depression and ill friendships.... we got back together a few months ago... after which she found out that she is 5 months pregnant from a one-night stand that happened at the beginning of the year. After extremely considering the ramifications of this news I decided to be there for her. And to continue with the possibility of us getting married. since it's too late for an abortion. The issue now is how to maintain a structured healthy environment for the kid and assure that the biological father doesn't creating negative Atmosphere by seeking visitation rights.it is my understanding that he is abusive and Uses drugs frequently.
Other than the stress that that will calls on a relationship it would kill me to know that a child has to spend portion of his life dealing with such a thing and such a person. I grew up in an environment like that and it's not healthy. It's the main reason why I was able to look past my fiance getting pregnant by another man. Because I see the bigger picture.
In order for us( me and my fiance and this new child) to continue I cannot be in a situation where this kid is being flung around for a weekend half-assed parenting with someone with drug problems. That'll be too much for me to bear. And too much to put this child through.
I currently have job offers in California and New Jersey and florida.
Which would be the best state to establish non biological father's rights. And the sure that the biological father has no chance of causing a fracture and additional stress in our family legally. Which state would be best to ensure that the biological father has little chance to interrupt the healthy structured family upbringing of this child. Which state would be best to prevent this child from being removed from shared custody from me and my fiance. Is there a statue of limitation for claiming a child in the states?
I won't be able to create a positive atmosphere for this child and my fiance if am not granted equal rights as my fiance to raising him without interference from the biological father.
Thank you kindly for your answer and your time
Submitted: 4 months ago.
Category: Family Law
Expert:  Samuel II replied 4 months ago.

Hello

This is Samuel. I will discuss this and provide you information in this regard. I do NOT participate in phone calls offered by this site and so WE will continue HERE. Thanks for your patience while I type out the information.

Expert:  Samuel II replied 4 months ago.

I suggest that when the baby is born, you sign the acknowledgement of paternity and be placed on the birth cert as the biological father. The other guy will then need to go through the courts and request a paternity test. Generally, when there is already someone listed on the Birth Cert and they have acknowledged paternity and is caring for the child, such a paternity request is denied. It would be seriously considered if there was a health issue.

Expert:  Samuel II replied 4 months ago.

And so with you on the birth certificate and if you two then marry his attempts will have less of a chance that a court is going to disrupt the family environment as it would not be in the best interest of the child.

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