Visitaion Rights

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trryodm

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I am married with two children ages 4 and 2. When my 2 year was 4 months old my wife informed me she was having an affair and that my youngest child may not be mine. 4 months later I found out she was not mine and my wife filed for a divorce that has still not been finalized. I have continued to see the youngest child, but now the biological father is in the picture and it is a mess.
The mother is now going to court with the bio father and I am requesting a joinder in that case to ask for visitation rights to the child because the biological father does not want me to see her anymore.
Is there any case law in which a father who finds out he is not the bio father but still wants visitation rights after the divorce. The mother wants me to spend time with her but does not want to bound to that. Which does work because the child is used as leverage. There is an obvious bond with the child and me. Our second child benefits from her coming over all the time also.
 
Do you have an attorney?

Since paternity was disputed in the allotted time, it is likely the bio father is going to have most of the rights here. I is unlikely you will be able to secure visitation since you ar enot the bio father, and the bio father has stepped in.

Generally if you and your wife were will married he could possible terminate rights, and you adopt, but since a divorce is happening that might not be possible.

You really need an attorney.
 
Well, it's up to the mother whether or not the child still gets to see you. If she wants that, then there's nothing the biodad can do. Just like he can't stop the mother from letting the children visit with grandparents or other relatives. You are the child's siblings father so you will always have some sort of contact with the younger child. Now if the mother ever says you can't see the child then legally you wont be allowed to see the child.
 
What about the law that says anyone can seek visitation rights as long as it is in the best interest of the child. Which has been used mainly in grandparent cases.

Washington Rev. Code §26.10.160(3) permits "[a]ny person" to petition for visitation rights "at any time" and authorizes state superior courts to grant such rights whenever visitation may serve a child's best interest.

It has been two years now and I have seen the child on a regular basis. I am just trying to protect that relationship, not to mention my mothers, her grandmother before this happened. Is there any presidence set on our established relationship.

I also have the majority of physical custody with her 4 year old sister.

Thanks for your responses.
 
Grand parents rights have been ruled unconstitutional in most states. A biological mother and father have control over visits in most cases.

You really should be asking these questions to your attorney.

The court might feel that since the child is so young, and you are not the bio father and you and the mother are divorcing, a court may rule you have no rights since the bio father stepped in. I have no idea what the court may rule.
 
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