My wife had an affair and became pregnant. My name is on the birth certificate. The person who she got pregnant for is aware that the child is biologically his. My son is now two years old. How much time is the biological father given to file for custody? He has know since conception that my son is his biologically although no paternity test had been given. He visited my son over the last two years as my wife and I are separated. He hasn't seen my son since December and my son lives with me. Legally, if I am correct he is my son correct?
You need to see a lawyer who specializes in family law. There is a strong presumption that the husband of the mother is the father of the child. There are also time limits to challenge this presumption.However, you need to do whatever is necessary to prepare for any paternity challenge.
The state tries very, very hard to keep the child supported (i.e., make a dad pay). So as long as you were married to the mother at the time of birth or conception, they are extremely unlikely to say the other fellow is the father.One caveat: in some cases, Louisiana has ruled there are TWO fathers, bio dad and legal dad. Generally their findings like this are only given so that there is a back-up support payer if one stops the money. Sad, but true.From an operational standpoint things would be incredibly difficult for the other dad to assert a claim, and if the mom can show she told him and he ignored it, he is unlikely to prevail at all. The limits to file for "dadship" in Louisiana are very tight.