I Am Not The Biological Father. Can I Still Get Custody?

non-biological father custodyQuestion:

My ex is claiming that I am not the biological father of our child whom I am seeking custody of.

If a paternity test reveals I am not the biological father then does that prevent me from gaining custody?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Missouri child custody laws where I am licensed to practice.

You need to determine whether once there has been a court order through either a divorce or paternity suit establishing you as the biological father and if your parental rights can be terminated after the entry of that initial court order.

If you’ve never had a case and you weren’t married to your ex, you should consider filing a paternity suit establishing you as the biological father.

Further, if this is the case, you need to determine whether you can be deemed the father of that child in a court action even if the DNA test results would not support this.

In some states, a man that is willing to be deemed the father of a child whether they are or are not biologically related to the child can be named as the father. Other states do not allow this, especially if the biological father can be found and added to the suit.

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Paternity Problems

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Missouri Divorce Lawyer Jordan A. Rapoff, contact Cordell & Cordell.

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