Non biological father won't stop

Katie1010

New Member
Jurisdiction
Mississippi
My son is 9, when he was born my then boyfriend signed the BC and everything was done. When my son was 6 months old, my ex took my son to have a DNA test done, which came back that he was NOT the father, yet he never told me that he did this test or the results...we ended our relationship when my son was 2 months old and he very rarely came around to see my son, only to see me and beg for me back...fast forward 5 years, I'm engaged to my now husband! I get served with court papers saying my ex wants visitation! When I contacted him and asked him what this was about he stated that he had a DNA test done years ago and knows he's not the father but wants rights!! I then contacted my sons bio father and got a DNA test done, which proved he is in fact the father. Me and bio dad signed papers for him to establish his legal rights and to remove the non bio dad...we have been going to court for 4 years now and my sons bio dad still has no rights and hasn't even been given a chance...what can I do to get non bio out of here?? Bio dad didn't abandon him because he never knew about him and non bio dad has had no relationship with my son. My son hates non bio dad and wants nothing to do with him
 
I'm a little confused. Your ex boyfriend left when your son was 2 months old but somehow when your son was six months old he got a DNA test done? How did he manage to take your son to do this if he hasn't been around much?

So if the non biological father has legal rights then he has legal rights. If he is not relinquishing them the paternity test might not matter. Does the ex boyfriend actually have legal rights? Signing the birth certificate doesn't legally make him the father. He may not have any legal rights actually. That's what you need to find out because if he has no proof of legal rights then he has no say in anything with your son.

You need to talk to a lawyer if you haven't yet.

Determine Paternity

"A father's name will be added to the birth certificate, when he is legally established as the child's father after completing the acknowledgment form. " Did he sign the acknowledgement form before signing the birth certificate?
 
So this guy contacts you out of the blue and says I want rights to a child that I know is not mine. Tell him no! Then cease communication with him.
 
So this guy contacts you out of the blue and says I want rights to a child that I know is not mine. Tell him no! Then cease communication with him.

It sounds like this ex has legal rights - because she said she and the biological dad have filed for bio dad to get rights and remove the other guy and they're stuck in court limbo.
 
His name is on the birth certificate but it's been proven that he is not bio-Dad. They were not married at the time of the birth either.
 
Of course, the court may have determined that it is in the best interests of the CHILD not to change a thing. They have done such before, and will do so again.
 
His name is on the birth certificate but it's been proven that he is not bio-Dad. They were not married at the time of the birth either.
That does not mean he couldn't have had paternity established before he did the DNA test. The OP has stated that the bio dad is attempting to establish his rights and is getting the run around. So to me it seems like the non bio dad somehow established paternity at some point before he did the DNA test - the DNA test he didn't tell her or anyone else about immediately.
 
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