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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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โˆ™ 2005-06-16 22:15:27
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Q: 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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Related questions

What happens if there is a legal and a biological father?

He fights for custody.


If a biological father has had no contact with his child then can he get custody of him if something happens to the mother?

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.


Who Gets Custody When the Father is Not on the Birth Certificate and unwed?

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


If you used to be guardian but then grandmother got custody do you have to pay support if your name is on birth certificate but your not biological father?

Depends on the state


Would an aunt or biological father get custody?

the biological father is next of kin


Can a biological father get custody of child if he is not on the birth certificate?

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.


What if the father signed birth certificate and wants to have power over child out of wedlock?

The biological father does have parental rights but he have to petition the court for visitation rights and custody.


How do you gain custody over your child if the father does not sign the birth certificate?

If the father did not sign the birth certificate, then you already have sole custody.


Can your new spouse adopt your children from a previous relationship if the biological father is unknown?

Yes, if there is no father's name or signature on the birth certificate everything should be fine. If there is, you would have to get that person on the birth certificate, whether father or not, to relinquish his custody.


When the biological father has sole custody and the mother has signed away her parental rights many years ago how does a biological father remove his name from his child's birth certificate?

he says i dont want your dam child


Can a mother refuse a DNA to the father if another man is on the birth certificate?

Not if it's court ordered. If another man signed the birth certificate and the mother knew he was not the biological father she is guilty of fraud. The father can ask for a court ordered DNA test to prove he is the biological father and she can not refuse this. He can then proceed to get his name on the birth certificate and also get visitation, pay child support and petition for custody.


Can a step father maintain custody of a child if the biological father emerges after two years?

only if mum has custody

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