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Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2129
Experience:  Practicing Attorney with 10 years experience
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I, was with a lady who had a baby an i married her. After

Customer Question

I, was with a lady who had a baby an i married her. After she had the baby. Thinking the baby was mine. I signed a declaration of paternity. We been married 4yrs now. An we are going through a divorce. About 16 months into the marriage I found out the kid isn't mine through DNA from the court. DCSS found the biological father but he is nowhere around to be found now. The kid is 4yrs old an has never met him. The kid has my last name an I'm on the birth certificate. I have been in the kid life from day one. I'm the only dad the kid knows. Can the judge set aside my paternity declaration after 4yrs an what do you feel the court will do. Will l get to remain in the kid life. If the mother don't want me to have visitation. Or what should I do.
Submitted: 11 months ago via Cornell Legal Info Institute.
Category: Family Law
Expert:  Asad Rahman replied 11 months ago.

It is a difficult proposition. The courts already favor the mothers and especially the biological mother here so I'm not sure what grounds you would be able to stay in the child's life unless she agreed

Customer: replied 11 months ago.
That wasn't a good answer because a court is suppose to look at the best interest of the kid. An for the kid to be 4 an have no one in her life to call dad. Would be devastating to the kid. That would be cruel
Expert:  Asad Rahman replied 11 months ago.

I understand what you're saying. I actually practicied family law for a few years so I am fairly familiar with what judges do in the situation. You are right that the judges are primarily concerned with the best interest of the child however they will not award paternity right to a nonparent withoit the bio mother's consent.

Expert:  Asad Rahman replied 11 months ago.

I think there's no harm in asking the judge for some sort of visitation but I am trying to give you input from my experience

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