Do i have any rights? i want to see my daughter

[davie_b]

my daughter is now 2 years old, at the age of 13 months and a mix of other problems my then girlfriend told me dna tests say she is not mine.
i was there for both of them, but never got too see either often.
I tried working things out, but we broke up shortly after. i have only got to see my daughter 3 times after the breakup, and not at all this year.
I want to spend some time with her, and be her father, her mother has decided that i am not important and cant see her.
dose the birth certificat or 2 years of my life mean anything.
if the mother were to die or become disabled, i would want to do everything for my little girl, and want her to know who i am  if that were to happen,

[Kitty C.]

Did you actually see the results of that DNA test?  Were they court ordered and performed by a reputable lab?  Were samples taken from BOTH you and the baby for this 'test'?  Is there ANY reason to believe that the exGF is lying about it?

If you answered yes to any of the first 3 questions, then you really don't have any rights, because she is not legally or biologically your child.  But if you said yes to #4, then I strongly suggest that YOU get a DNA test court ordered.  You will have to file for paternity and ask specifically for that test to be done in the motion.  Just because your name is on the birth certificate doesn't automatically make you the legal father.

Do YOU have any reason to believe she isn't your child?

[davie_b]

i have not seen any results, i was told they were done by the supossid father of the child, i knew she had cheeted on me with him around the time she got pregnant, so it is something i knew was possibal when i signed the  certificate.

[wendl]

what I suggest is filing a motion for a DNA test and visitation rights.

Also document all the times you have seen your daughter dates times when you try to call etc. Document everything.

Until you are proven the father you will have no rights.
Good Luck

[davie_b]

so even though her and i both knew that there was a possability the child was not mine, if the dna  test shows that she is not mine, then i dont have any rights?
i dont have any $$, i just started working after almost a year of no employment i was hopeing to keep this out of the courts.
she can be reasonable sometimes, and if i had any real legal rights, i beleive she would let me be the father of my daughter, without going to court,
i do plan on getting a dna test, but i am not expecting any good results

[Kitty C.]

You will not be able to get anything legalized without going to court.  It's obvious you've gotten attached to this child and I know your heart breaks for her, but if you are tested as NOT being the father, no you will NOT have any rights to her.

But then there are those cases in court where it's been proven (after so many years) by DNA testing that a child was NOT the father's but the father still is forced to pay support.  It goes both way, bud.  But the one thing that has been making more headlines these days is paternity fraud.  Maybe the real father is better off financially and she knows she can get more support from him.  There's just too many fathers out there who are forced to pay support for children who aren't even their's, while the mothers go wallet shopping for the richest sucker......and the courts let them.

[davie_b]

thankyou

[DecentDad]

Hi,

Sorry for the struggle you're enduring.

You need to take action ASAP if you want to establish any rights at all.

Many states have something called what is the "presumed father."  They define it as a man who was co-habitating with the mother, who's name is on the birth certificate, and who acted in the role of father from birth and throughout infancy.

Regardless of DNA results, you may have a shot at the court recognizing you as the presumed father.

However, the more time that passes without you being involved in this child's life, the less strong your argument becomes.

My guess is that you'll need an attorney on this.  If a relationship with this little girl is important enough... you'll find the money somehow to retain an attorney.  From friends, family, credit cards, etc.

Talk with a few attorneys before retaining one.  You want to hear from all of them about establishing yourself as the father.  Some attorneys will be frank with your chances, and others may just say anything so that you'll retain them.

Keep in mind that if you are found by the court to be the father, you'll likely be paying child support for her, and you will have two decades of dealing with the daughter's mom.

It's clear that your heart aches (and understandably so), but make all these decisions with your head.

Best wishes,
DD