The answer to your question is not
simple. The courts have routinely found that being the parent is more than DNA. Clearly,
biological parents have a leg up on non-biological parents, but all courts recognize the
value of family unity, and routinely have to weigh a biological father’s rights
against a child’s right to have the family the child has always known.
In your question, I assume that the
potential biological father was not married to your wife. In the event that the child was
conceived and born at the time your wife was married to the potential biological father,
many states have a presumption that he is the father. This presumption excludes all other
potential fathers. In essence, the legislature has determined that children born of a
marriage are irrebuttably presumed to be the biological children of the parents.
Assuming that the child was not conceived
and born at a time your wife was married, the court will be forced to weigh the
child’s right to have a stable family versus the biological father’s right to
raise his child. The courts have routinely held that biology is not the sole determining
factor of parenthood. The issues which you present in your question clearly indicate that
you are a concerned father for your child, and have taken on the burden of having your
name added on to your child’s birth certificate. This is an extraordinary step that
most men would not take regardless of the amount of support they give to the child. The
court will look to the issues concerning who has held themselves out to be the father of
the child, provided support for the child and been active in the child ’s life. It is
clear that since the potential biological father has not had contact with the child for
over five years that he has abandoned the child. Nevertheless, the court will have to
balance the biological father’s rights against the concept of family unity.
You should immediately meet with a
Certified Family Law Specialist in your area to discuss your options, and the best way for
you to proceed in this action. Some states, given your affirmative action in holding the
child out as your own, and in light of the potential biological father’ s abandonment
of the child, will not even allow a paternity test to be performed. Other states will
require hearings to determine the necessity of paternity testing. Before you have any
further contact with the potential biological father, I recommend that you meet with a
Certified Family Law Specialist to develop a plan for addressing these issues.
Additionally, you may want to speak with a Certified
Family Law Specialist regarding potential issues for retroactive child support. Many
states allow for the imposition of retroactive child support where a parent has abandoned
the child. Given the fact that the potential biological father has not had contact with
the child for over five years, the child may qualify for retroactive child support.
Certainly you will want to discuss these issues with the Family Law Specialist.
Lastly, it is my recommendation that you
meet with a mental health professional to develop a plan between you and your wife for
discussing this situation with the child. Given the child’s age, almost 7 years old,
it is critical that the matter be approached properly. The failure to consider your
daughter’s needs in this situation could be disastrous.
Your efforts in providing a family
atmosphere for your daughter should be commended. I am certain that the relationship
between you, your wife and your child has been enhanced by your strong feelings towards
your family, and your willingness to step up to the plate and provide for your
step-daughter. Regardless of the legal actions which may take place in the future, it is
clear that your daughter will recognize you as the parent who has taken the initiative to
provide a better life for her, and the rewards will be evident in your relationship with
your step-daughter. |
