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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
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Experience:  JD, MBA
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My wife and I gave birth to a girl 10 months ago. We live together

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My wife and I gave birth to a girl 10 months ago. We live together and have been raising the child together. My wife is now talking about a divorce and is saying I am not the biological father. She says that she wants to take the baby and not allow me to see her anymore. I love this little girl and worse than a divorce, losing my daughter would be devastating. I consider myself to be the father regardless of what any paternity test may indicate. What rights do I have for visitation?
Hello and thank you for allowing me the opportunity to assist you.

It's possible that you could still be granted visitation even if you are not the father. Judges make decisions like that if it's in the best interests of the child. If the child would benefit from you being in her life, then a judge may award you visitation rights. To be honest, it would probably be a stronger argument if she were older. There are two reasons: (1) if she were older then she would probably be more attached to you, and (2) if she were older, then that would likely mean she would have spent more time with you. As it is, your daughter is very young and it's hard to say how attached a 10 month old can be. But I would not rule out the possibility that a judge would rule that it's in the best interests of the child if you remain in her life.

But before you even need to make that type of argument, there are two important points to consider: (1) A child born in wedlock is automatically considered the legal father, and (2) only the actual biological father could dispute your paternity ... your wife would not have the right to dispute your paternity.

So, there is a very good chance that you'll never need to take a paternity test or convince a judge that you should be granted visitation. If you are the legal father, then you will be given visitation.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
Customer: replied 3 years ago.

The person who my wife indicates may be the biological father has not seen or been in contact with my wife for 19 months (9 months of pregnancy + 10 months old). He has no idea that he may be a father. So are you saying that to dispute paternity my wife would have to contact this man and ask him to initiate a paternity test? I was intimate with my wife during the same conception period. How accurate are the tests. What test results would constitute a biological father instead of me.


Another side note; let me know if this is of any consequence. My wife and I had been trying to have a baby for about 10 years but had not been successful. 5 months prior to our 10 month's conception my wife was pregnant but this resulted in a short term miscarriage. There is 100% certainty that I would have been the biological father of that baby.

Hi again.

Yes, the man would have to file for paternity and get a court ordered test. He may not even want to do that if your wife asks him.

The tests are probably about as close to 100% as is possible. They use DNA. If a paternity test is given, it will be easy to determine whether you or the other man is the father. The results wouldn't lead to any doubt.

I don't think the prior miscarriage plays any part in the current case.

Does that help? Please let me know if you need further clarification, as I am happy to continue assisting you (though I don't know how much longer I'll be online this evening). Thank you for using our service!
Customer: replied 3 years ago.

So you are saying if a paternity test is 99.9% accurate, that would legally eliminate me from being the father?

Hi again.

Yes, you could be eliminated as being the father if you were to take the test. The point is, however, that you would have no reason to take the test unless the other actually comes forward.
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