Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My brother wife of 15 years had a short affair, which ended in a pregnacy. My brother and his wife decided to work it out and tho he was not sure if baby was his or the OM he was willing to raise it as his own, his name is on the B/C. For 3 years he has raised this child as his own son, loving it and supporting it…..Last week he found out his wife and the OM secretly met a few weeks ago and had a private DNA test done, which proved that the other man was the father, and behind his back last week they started court procedures to establish other man as father and visitation….all without his knowledge.
Wife says that nothing is going on, that he wants to know his child and she feels guilty, to my brother it does not matter, he loves his son and wants to keep being his father no matter what the test says and what maybe ‘moral’ right. They have older children also…
Does he have any rights to stop this??? He is still with his wife, his name is on the record, and for 3 years he has raised this child as his own?? Can the wife do this all without his permission?”What his wife did was simply to communicate with the birth father. It was, undoubtedly, the birth mother and biological father who have initiated this action.
Question: Paternity laws vary widely from state to state. Your brother will need to check with a local family law attorney to determine what the biological father’s rights are, what his own rights are, and what, if anything, he can do in this situation.
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