how can a biological father be told he has no rights to his child

[joenado]

i found out that i had a child in march2007 .the mom had contacted me and told me about her and that she had been abandond at a day care for at least 12 weeks.i was horrified. but this being the first time of me hearing that i had a child i was not convinced it was my child. i am also married (seperated then june 2003) so i wanted to be sure befor telling my wife. so i told the mom to get her husband(they have been seperated since oct 04) to take a dna test he said ok test came back he is not the dad.(i am)he was only involed in her life for the first seven months then they seperated .and he saw them 3to4 times a year.the mothers house burnt down so as a last resort she got him to take the child temporarily at the time her boyfriend took her 9 month old out of state so she left to go get him back .3 days after she left he took the child to a day care and abandoned her .i lived out of state till oct06 so the mother was not able to contact me til march2007.by may 2007 all the tests were done and the child began living with me and wife in july he filed for custody knowing she is not his child .at this point the judge has taken custody away from the mother and gave it to him because his name is on the birth cert. at this point he has admitted to abandonding the child in court. also some girl abby has molested her in his care so i also have a recommendation from new york state child mental health saying this guy should not even have visitation the law guardian has also recommened no visitation for him. we go back to court sept 10th for the hearing. i think this hearing is for inquitable stopple. ok whatever that is

 

[calalily]

What is your question for the forum?

 

[joenado]

i want to know how this can be .the judge said i have no rights to the child because my name is not on the birth cert.

 

[naughtyjiggidy]

Dont you have copies of the DNA test showing you are the BIOLOGICAL father of the child at stake here?? Shouldnt that stand up in court?? Im not a law person, but I know that did in my case.

 

[grandma_donna]

My grandson's father was ordered to pay child support based on the dna proof of his fatherhood even though his name wasn't on the birth certificate, so I think that if you have the blood tests to prove your fatherhood you should be able to have the rights of fatherhood as well as the responsibilities. My grandson's father has never shown any interest in him as a person and I applaud your wish to be a part of your son's life. You will be glad that you did, I think.

 

[joenado]

that is what i thought to but the judge said he is the father because he is claiming that he was an in and out part of the childs life for three years so the judge said this makes him the father and he is on the birth cert .which i dont argee with but understand.but how can i have no rights.

 

[Duranie]

You need a family law attorney. If another man was declared the abby's legal father then it might be too late for you to challenge paternity.