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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 37830
Experience:  Attorney with 16 years experience
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I have a 3 sons I have been with my wife years oldest

Customer Question

I have a 3 sons I have been with my wife for 10 years oldest being 8 middle 6 and youngest 2 I have just recently discovered that the middle child is not mine for the mother has cheated during that period what rights do I have to the child
Submitted: 2 years ago.
Category: Family Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Are you on the birth certificate as the presumptive father?
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Have you had a DNA test performed that disproved paternity?.
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Is your wife trying to end any parental rights with that child?
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thanks
Barrister
Customer: replied 2 years ago.
I am on the Birth Certificate as the presumptive father. I have fathered this child for six years knowing there was a chance i wasn't his father because I knew she had cheated during the time of conception but was lead to believe he was mine by her because she would tell me to shut up and to grow up he is your child john. I have always thought about a DNA test but never did it because I just knew he was mine until last night when she told me the truth and told me I wasn't. She is not trying to rid me of my rights but I want a divorce at this point. I believe I have 100 percent rights to him I have raised him this entire time and the real father has never tried to reach out never called doesn't have any care in the world as far as I know and i would treat him no different rather the truth was hidden forever or not. I am scared that she will run back to this guy and i want to know if I have any rights at all as far as getting this guy to sign all parental rights over to me. I can't stay with her because I feel as if my heart has been ripped from my chest and burned in a fire
Customer: replied 2 years ago.
Please help me
Expert:  Barrister replied 2 years ago.
Ok, in a situation like this, without a DNA test to disprove paternity, then she wouldn't have any legal grounds to deny that you are the legal father of the child.
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With that said, if she filed or the other person filed a paternity action to try to get the court to order a DNA test, the judge would deny it because the statute of limitations to contest the rebuttable presumption of paternity is only 3 years from the time you were placed on the birth certificate. SD 25-8-59
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"" In cases involving allegations of fraud, duress, or material mistake of fact, any action contesting a rebuttable presumption of paternity shall be commenced within three years after the creation of any presumption.""
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So that time would have long since expired and neither the mother nor the other man could contest paternity now.
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thanks
Barrister
Customer: replied 2 years ago.
Thank you very much this helps alot. What if I wanted to take a paternity test for my sake for piece of mind and didn't tell anyone and threw it in the garbage after I look at it.
Expert:  Barrister replied 2 years ago.
You are very welcome. As for you doing a private DNA test for your own curiosity, there is nothing that would prevent you from doing so if you wanted to know for sure.
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thanks
Barrister