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What happens when the biological father is not on the birth certificate and has not seen the child in 3 years but now wants joint custody?

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2005-06-16 22:15:27
2005-06-16 22:15:27

The father will need to furnish proof of paternity, most courts require that be done by DNA testing rather than blood typing. If the biological mother does not want to voluntarily submit to the testing she can be so ordered to do so by the court of jurisdiction. The court may request paternity established before a custody hearing convenes or it may be a part of the hearing itself, depending on state laws governing such issues.

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Unless the biological father has relinquished custody, he can ask the court to grabt custody in case the mother dies or cannot take care of herself.

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In most states, the biological mother receives presumptive custody unless and until modified by court order.

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the biological father is next of kin

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That depends on state law where you live. Where I live, if the man has reason to believe he is indeed the biological father, he can petition the court of jurisdiction for paternity testing to establish it. Once he has been established as the biological father, he can file a motion to amend the birth certificate based on the same.


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