Presumed Father

Question: can the biological father allow the presumed father to legally be the presumed father? The biological father agreed via court docs to allow the presumed father to legally be the presumed father, as he is the only father the child has known.

Answer: Yes the biological father can indeed do that. A biological father can reach some type of arrangement with the child's mother and the step father to allow his child to continue to believe that the step father is his biological father as long as he can see the child ,be consulted on things that affect the child ,and the child has to be told the truth at a certain point in time. While the preceding conditions are my own examples,they could in fact form such an agreement as well as include other conditions. This assumes that he does not want to give up his parental rights but at the same time wishes what is best for his child and they arrive at that decision through a discussion between him,the mother,and the step father and not something that they both want to force on him because they want to ( unless the courts annul his rights or he forfeits them himself.)

Question: is it possible to get a praternity test on a baby without the mothers knowledge if youre the presumed father? in florida, or does she have to know? 'paternity'. sorry.

Answer: Can a paternity test be performed without the mother? Yes. If the mother's participation is not possible, we can perform a motherless paternity test at no additional charge. A motherless test requires more extensive analysis to produce conclusive results, but the results are just as accurate as those of a standard paternity test. DDC encourages mothers to participate in paternity testing for the following reasons: Mothers who participate are guaranteed to receive a copy of the test results. Due to DDC's strict confidentiality policy, we are only able to release results to those tested, their authorized representatives (such as an attorney), or the tested child's legal custodian. Some courts require the mother to participate in a paternity test. The mother's participation aids in the analysis of unexpected results. Her participation is especially helpful in the rare cases when a mutation (a random change in the DNA) has affected the results

Question: In how many states do you "believe" the husband is the presumed father of a child born from a wife's affair? 1 11 21 31 41 51 (including DC) This is to see what the prevailing view is of this issue, rather than the right answer.

Answer: All assume it. You need tests to prove otherwise.

Question: Guardianship of my grand daughter, does the presumed father have to be notified?

Answer: The key word there is presumed. So he is not on the birth certificate and there is no court ordered custody matter? Is this temporary guardianship or permanent? He does not need to consent to the matter but he does need to be notified. If you are unsure of his whereabouts you can normally side step same by getting a court order that he be notified by placing a notice in the legals section of all local newspapers. If only the mother is on the birth cert and she is only giving you temporary guardianship and you need to have authority to enroll the child in school and make medical decisions and the like a simple one page guardianship agreement signed by yourself and your daughter in front of a Notary should be sufficient.

Question: Presumed father laws? I am married and I just had a baby 6 weeks ago. However my husband is not her biological father. He has known this from the beginning and is wanting to raise the baby as his daughter as he has for my pregnancy and her short life. The biological father has played no role in any of this, then he shows up wanting a paternity test. After telling me he wanted nothing to do with the child. I dont know what my husbands rights would be considering he has invested more time and money and he is bonded to her. So can he lose all rights to her as her father even tho he is the presumed father, or is there anything I can do to stop the other man from intruding in our lives. I just cant see handing our child over to him when I dont even know him that well. How can I protect my daughter from such a disaster. Its not her fault that I made a mistake.

Answer: Well, he has rights. Make sure he has a paternity test. Don't forget to hit him up for child support, day care etc. If he backs off, have him give up paternal rights so your hubby can adopt. And Congrats on finding a man who is responsible. He sounds like a keeper.

Question: does anyone know about the presumed fathers rights in arkansas? I did a search and found basicly if i supported the child and welcomed them into my house then i would be considered the presumed father. Am i misunderstanding this or is that right? What about if the bio father is paying child support and we know who he is, but has had nothing to do with him in 3 years? there is no father listed on the birth certificate, as soon as he found out she was preg he left. We were not ever married, but we have been together since she was about 2 months along.

Answer: What i understand if YOU sign the birth certificate at the time of birth you are considered the "presumed father". And in some states if the biological father is discovered. YOU still would be responsible for the support of that child regardless. There are people working on changing that part of the law, feeling it is not fair that a man thought it was his child not knowing the woman had intimate relations with someone else, therefore the biological father should pay. The laws have not caught up with the technology of DNA and eventually they will have to change. I believe eventually the laws will be changed and if not the biological father the presumed fathers will not have to pay in the case of divorce. If it were a man, i would be joining any group that was trying to change this law. I think it unfair to make the presumed father pay, when positive proof is found they are not the father.

Question: Presumed Father's Act / Child Support Enforcement Act - Do I have this right? I can not find too much information about this on the internet but what I have read states that if a man is married to a woman when a child is conceived, he is the "presumed" father of that child and will have to pay child support for that child. Is that correct? I'm amazed it's not mentioned more often if the law is *that* simple. I always thought men who ended up paying child support for another man's child had cared for that child for so long that the courts felt he was the real father but the most reputable-looking page that I read stated that all a man needs to be is married to the mother when the child is conceived or born, and that makes him the 'presumed' father. but wait... From what I read, even if another father is proven to be the father, the 'acknowledged' father (biological) doesn't need to pay child support if the woman was married to another man when the child was born or conceived.

Answer: Dave Yes. Ryde-on is right. Married "dad" is stuck with child support in 48 of the 50 states regardless of DNA! And, those other two states only allow a DNA challenge within a few years of the fraudulent birth. An extreme example: Sterile men, who were unfortunately born sterile, are in prison today for failure to pay child support. The judges know the men did not father, could not father a child—they just don't care. The mothers care even less. Read up on it. The real fathers laugh and laugh.

Question: my baby is o+ im o+ and babys presumed father is o+ is it possible? all 3 of our blood type is o+ is that possible or does that mean hes not the father???

Answer: Two O+ parents can have a baby with these blood types... A+, A-, O+, O-

Question: how can i beat a presumed father case in california i have two dna test showing i'm not the father?

Answer: You can be presumed to be the father if you were were married to and cohabiting with the mother. (Family C sec 7540.) That presumption can be overcome by blood tests, which must be done by court experts upon court order in an action commenced within two years after birth. (Family C sec 7541.) After two years, the presumption is conclusive and cannot be challenged. If you are presumed to be the father for other reasons listed in Family C section 7611, the presumption is rebuttable by clear and convincing evidence to the contrary (and a DNA test would seem to constitute such evidence). (Fam C 7612.)

Question: my husband who is not my daughters bio father was just presumed father by the court. whats next step? the bio father took off and i remarried. my husband is the only father she knows. so next step would be adoption???

Answer: He needs to adopt the child.

Question: IL - Divorced 12/08. Conceived 9/08. Ex-wife is unsure who the father is. I am the presumed father. How do? Although she knew she was pregnant she decided not to disclose that during the divorce so there is nothing in the decree. Although I am happy to care for my child if it is mine I don't want to just become the de facto dad. How do I go about establishing paternity? Thanks in advance.

Answer: Although, it was wrong of her to lie. This may have actually worked out in your favor. If it was revealed that she was pregnant before the divorce was final, the courts would automatically presume you're the father simply because you were her husband (I know stupid). You would have had to dispute it during the divorce and things could have gotten messy. Just get the paternity test when the child is born and you can either work out child support then or you'll be totally in the clear and she can chase down the guy she cheated with.

Question: why are husbands presumed to be the father when a child is born during a marriage?

Answer: The old adage: Mama's baby, daddy's maybe. In the case of 3 month old Baby Bubba, Phil YOU ARE NOT THE FATHER

Question: I need guardianship over my grand daughter, does the presumed father have to be notified?

Answer: what do you mean "presumed" were they never married? If he is on the birth certificate, yes, if there is no name on the bc - then no. and what do you mean you "need" guardianship? e-mail me if you want....

Question: Can a judge force the mother to change a child's last name that is found not to be the father? If a man found not to be the presumed father, can a judge make the mother change the child's name to her maiden name?

Answer: I don't think so. A judge doesn't act unless someone brings something to trial. Who is going to do that? The child can not do that, and the falsely presumed father can try, but I'm not sure it would work. Maybe if he was going to pay for it. Even then, it might not happen because of the child's welfare. If the child is in school, nobody wants to make kid go in and explain to teachers/classmates that they had to change their last name because mom didn't know who the right father was the first time. I'm pretty sure, legally, you can name a child whatever you want. It's just tradition that you give it your last name (or that of some family member). But once it's on the birth certificate, that's what is legal.

Question: Is EVERYONE a "child of God",as many posts here have presumed? Does every have the "Abba.Father" privilege? Why or why not? (And does your answer/belief come from simple personal preference or do you believe the Bible or some other presumed authority provide a basis for your view?) (For example, the question just minutes ago about whether everyone has the same right to petition God and expect an answer complying with their expectations provoked a wide variety of claims on this topic.)

Answer: Obviously there is a change in our status from non-children to children. Galatians 4:4-7 But when the fullness of time had come, God sent forth his Son, born of woman, born under the law, (5) to redeem those who were under the law, so that we might receive adoption as sons. (6) And because you are sons, God has sent the Spirit of his Son into our hearts, crying, "Abba! Father!" (7) So you are no longer a slave, but a son, and if a son, then an heir through God. What causes the change. It has something to do with his firstborn son Yahshua (Jesus). Once you accept his sacrifice and come under his rule, then you are one of his children.

Question: If I'm the biological father following paternity testing, how long before I can get custody of my baby girl? Husband was in Iraq, got his wife pregnant (1 week before he came home in Nov. of '05). We didn't want to break up the family so never said anything. Child is almost nine months old now and divorce proceedings are underway. A paternity test has been court ordered and the results should be in by next court date. The husband has taken the children out of state and allows the mother to see them about every three weeks. Husband is abusive and claiming mother is "unfit" mentally (bogus). Of course, husband is presumed father, but if the child is mine, (as we suspect and hope) what can we expect? How long before we get custody of at least this one little piece of sunshine?

Answer: if it comes back that u r the father then u should have ur daughter back straight away. or at least the mother will as she is the only one who has parental responsibilitie over this child, although u r the father its different cos u r not married to the mother. good luck and dont give up on getting the other children back, she must be fit enough mother if he trusted her to take care of them while he was away, he has to prove that she is unfit

Question: Is it presumed that I have sole custody of my son if I was unmarried to the father and he has no involvement? in the child's life. He has never visited him or talk to him. Should I still file for legal custody or should it be presumed that I have sole custody of my son. (He is listed on the birth certificate and pays child support...sometimes) He was placed on the birth certificate after a paternity test determine he was the father so I could collect child support and the state place his name on the birth certificate not me. I do have a support order and they do take it out of his paycheck when he works but he doesn't keep jobs long which sometimes there are large laps when he does not pay. I have no interest getting back this person whatsoever. I just wanted to find out what I should do when it comes to custody. Thanks

Answer: No, file for sole custody, because one day, he can come and seek it, , it would be your best bet to do it now and get it over with, once you do have it, you will get child support, more often as well.

Question: If a dna test comes back 89%, and possibly another family member could be the father, does it prove paternity? A dna test came back with results of 89%, is there a possibility that another family member of the presumed father, being the father? Is that enough certainty to have to pay child support? Should other family members be tested?

Answer: If there is a possibility of another father, they should be tested...Unless the DNA came back 99.9%, the highest possibility, I would have the other possibilities tested..

Question: Gay Marriage and presumed paternity: What happens if a Lesbian married to another Lesbian gets pregnant? OK, if a couple is married all of the women's kids are presumed to have been fathered by the husband. What happens if two Lesbians are married,and one gets pregnant? Is the other legally presumed to be the other parent?

Answer: Paternity is not defined by marriage. The other parent would be determined by who fathered the child. In order for the woman's wife to have guardianship, or be considered a parent, the biological father would have to sign his rights to the child away. If paternity was determined by marriage, then my half-brother would be not be considered my half-brother and we would have grown up together.

Question: Do physicians have a legal or ethical responsibility to inform a husband if they KNOW a child is not his? You can apply this situation to an unmarried couple and boyfriend as well. Should the doctor inform the mother (if she doesn't already suspect)? Or should the doctor leave this issue to be resolved between the couple (if he doesn't already suspect)? Does this fall under "doctor-patient" confidentiality with the mother, or does it fall under the right of a legal guardian (the presumed father) to medical information about the child?

Answer: The only way this would be a "medical issue" is if the child needed a transplant or something and the man who thought he was the father was going to to try to donate and was not compatible with the child. HIPPA and other statutes, not to mention doctor/patient confidentiality would prevent a doctor from telling a man this even if he was asked. In issues like this, most states apply the "best interest of the child" standard. That means that if a man begins raising a child, takes responsibility for a child, funds that childs upbringing, then finds out he is not the father, he STILL has to pay child support for the child. That sucks for the dad, but is in the best interest of the child who has already established a relationship with the dad. But that is another topic. The answer is no. Doctor can't tell.