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Parenting.com's Answers are provided by members of our community. While your fellow moms and our editors have plenty of great advice to offer based on their experience, it is not a substitute for professional medical help. Always consult a medical professional when seeking medical advice.
Is any body a divorce or custody attorney or know the laws?
Is any body a divorce or custody attorney or know the laws?
My fiance and his ex got together when she was 2 months pregnant. He is on the childs birth certificate and raised her for three yrs. He hasnt seen his daughter since his ex left and now that hes got his life on track he wants to try to go for visitation or even partial custody and his ex will definitely fight him on this. We can easily prove that she is an unfit mother as she posts EVERYTHING on facebook including that she goes out drinking every night an that her 5 yr old is still in pull ups, not in school and around ppl drinking and doin drugs. Does he have any rights to his daughter as he is not the biological father?
answers (2)
If he listd ont he brith certificate he should be able to fight for some sort of custody. Even though he's not her biological father the girl's mother named him as her father on a legal document. That means the law will consider him her father in most states, even requiring him to pay child support if the mother asks for it.
if he's on the birth certificate, biology is irrelevant legally in most states. he has as much legal rights to the child as the mother. if they were married at the child's birth then that makes his case stronger. my husband wasnt even awake when his name was put on our son's birth certificate. marriage legally makes him resonsible for the child, biology not considered.(we live in south carolina)
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