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What are my legal rights in regard to being the biological…

Customer Question
What are my legal...

What are my legal rights in regard to being the biological father??? , in regard to another legal father who was married to the mother of my children and name was on the birth certificate.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Maryland

Lawyer's Assistant: Has anything been filed or reported?

I was denied to intervene in their divorce proceeding , I have filed a IN BANC appeal to be allowed to intervene , denial was based on me submitting copies of DNA , have submitted originals with my IN BANC appeal.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can they give legal father custody or primary custody of my children with my proof of paternity ?

Submitted: 1 month ago.Category: Family Law
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Answered in 9 hours by:
3/12/2018
Family Lawyer: N.Brown ESQ, Lawyer replied 1 month ago
N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 81
Experience: Attorney
Verified

Step 1 would be you being able to prove your are the biological father. If you are they you do have a right to have custody, and or visitation with the child. But the court still has discretion regarding whether they award you some time of custody (probably joint unless there is a compelling reason not to) and visitation. Ultimately the court's determination of what is in the child's best interest usually supersedes anything else. The non biological father would not have custody, but could compel the court to have visitation, especially if they have a strong parental bond, the court would not want to totally disrupt that even though he's not the biological father.

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N.Brown ESQ
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