My fiance and I just recently had a baby back at the beginning of August. However, there was always some doubt concerning who the baby's biological father was - as around the time of conception we were having problems and she had been seeing someone else and there was an "oops". We did manage to get back together, and I was there for almost the entire pregnancy (and we are still living together). I was there when the child was born, and signed the "Affidafit of Parentage" so that my name would go on the birth certificate and since we had decided that no matter what - I was this child's father.
Well, my fiancee just couldn't get over, not knowing for sure who the father was (as there was a question with her first child as well - at which time we didn't even know each other). So, we went ahead and did a DNA test (non-legal version) - and our worst thoughts quickly became reality - I'm not the biological father.
We are aware that the 60 days since I signed the affidafit are now passed, and that I am legally the child's father - and that it could only be challenged in the courts because of duress, fraud, or mistake of fact.
She also started feeling bad keeping the test results a secret, as she didn't want to keep lying to everyone so last night she told the biological father the results of the test.
This is the person who when told that she was pregnant and he MIGHT be the father, who wanted her to consider an abortion. All along, he has had no interest in what was going on, and just wanted it not to be his. Even when told that it was his, he was very indifferent. He even mentioned he was relived when we originally got the results and she told him he was off the hook, it wasn't his.
Now we are just waiting to see how he reacts once this has all sunken in. Now, maybe we shouldn't have done any of this, but we had talked about it and knew that telling him was the morally right thing to do.
Now, we'd like to be able to keep ourselves covered as much as possible. Is there any way we can get him to sign over his rights - which he really doesn't have anyway, just so that if he changes his mind later, it's too late. We'd rather not submit to a legal test, have my rights removed, and then have him sign over his rights, and allow me to adopt her. So, is there any way we can cover ourselves from future litigation, without first relinquishing my legal rights? We are not looking for any kind of support from him whatsoever.
Please be considerate and constructive in any responses... We are aware that what we have done may not have been the most legally smart thing in the world, but it's too late to fix that now. Also, I don't need any responses like "What the hell are you doing with her anyway. Cover your ass and get away from her." We love each other to death, and are determined to make things work, and we both would rather things stay just the way they are - with him not in any of our lives, and me as the legal father of the child, and no possibility that he could come back and turn that all upside down.
Thanks in advance!
Well, my fiancee just couldn't get over, not knowing for sure who the father was (as there was a question with her first child as well - at which time we didn't even know each other). So, we went ahead and did a DNA test (non-legal version) - and our worst thoughts quickly became reality - I'm not the biological father.
We are aware that the 60 days since I signed the affidafit are now passed, and that I am legally the child's father - and that it could only be challenged in the courts because of duress, fraud, or mistake of fact.
She also started feeling bad keeping the test results a secret, as she didn't want to keep lying to everyone so last night she told the biological father the results of the test.
This is the person who when told that she was pregnant and he MIGHT be the father, who wanted her to consider an abortion. All along, he has had no interest in what was going on, and just wanted it not to be his. Even when told that it was his, he was very indifferent. He even mentioned he was relived when we originally got the results and she told him he was off the hook, it wasn't his.
Now we are just waiting to see how he reacts once this has all sunken in. Now, maybe we shouldn't have done any of this, but we had talked about it and knew that telling him was the morally right thing to do.
Now, we'd like to be able to keep ourselves covered as much as possible. Is there any way we can get him to sign over his rights - which he really doesn't have anyway, just so that if he changes his mind later, it's too late. We'd rather not submit to a legal test, have my rights removed, and then have him sign over his rights, and allow me to adopt her. So, is there any way we can cover ourselves from future litigation, without first relinquishing my legal rights? We are not looking for any kind of support from him whatsoever.
Please be considerate and constructive in any responses... We are aware that what we have done may not have been the most legally smart thing in the world, but it's too late to fix that now. Also, I don't need any responses like "What the hell are you doing with her anyway. Cover your ass and get away from her." We love each other to death, and are determined to make things work, and we both would rather things stay just the way they are - with him not in any of our lives, and me as the legal father of the child, and no possibility that he could come back and turn that all upside down.
Thanks in advance!
