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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience:  9+ years of experience in divorce, custody battles and mediation.
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About two years ago my girlfriend came to me and told me she

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About two years ago my girlfriend came to me and told me she was pregnant and with out a question i accepted and now moving on to present time, she give the kid who is 17 months old now a DNA test and it turns out the child is not mine so she contacted the father and he accepted the child, and she wants to take the kid away from me completely because she says he is not my son. can i go after the mom or dad to pay me back for caring for the child. or can they really take the kid away from me, my name is XXXXX XXXXX birth certificate .what can i do?
Good evening:

I'm sorry for your situation. Right now, since you're still on the birth certificate, you are the legal father, but she can file a court case to have that changed, due to the DNA test showing that you are not the father. Once the other father is named the legal father, you will cease to have any rights to the child.

Further, you really can't sue her for caring for the child you thought was yours. The only caveat to this is perhaps if you have proof that all along she knew that the child wasn't yours. You might have a civil suit if she fraudulently convinced you to care for the child.
Customer: replied 4 years ago.

The only thing i have is that she has stated and told her and my family that she always knew it could be a positivity he was not my child. but wanted to be with me so she never cared for a DNA test ,but now that she no longer wants to be with me, she when out to get the DNA test to prove that the child is not mine.

If you knew that the child might not be yours, then unfortunately, you have no recourse against her, since you could have at any time requested a DNA test which could have released you from your obligation. You might be able to ask for some parenting time if you've forged a strong bond with the child, but your rights would be limited at best.
Customer: replied 4 years ago.

is it common for a non biological father to get parenting rights the child recognizes me as his father with out a doubt. but i also wouldn't want to go to court if i don't stand a chance

It's not unheard of. It depends on all the circumstances. I think you could make an argument that it would be in your child's best interest to still see you. You should speak to an attorney in your county and lay out the entire timeline of events for them. They will be better able to tell you your exact chances.
Customer: replied 4 years ago.

i did not have any clue that this kid was not mine she just recently told people she always had it in the back of her mind, after she got the DNA test witch was about 3 weeks ago. she never mentioned it before this incident.

If she only suspected that it was possible that the child might not be yours, that is not the same thing as lying about it. If you had known that the child might not be yours, would you have still chosen to support it? Or would you have made her do a DNA test to prove it? Essentially, a Judge would want to know that.

I still think you have a good case for some parenting time since you have a strong relationship with the child. However, I am not as sure that you have a case for being reimbursed for the money you've spend on the child you believed to be your own, unless you can prove that she KNEW that the child wasn't yours, not that she suspected that it might not be yours.
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