Question:

During our marriage I knowingly signed the birth certificate of my wife’s child even though I knew I was not the biological father.

If we get divorced, do I still have parental rights since I signed the birth certificate and he was born during our marriage even though he is not biologically mine?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa paternity laws where I am licensed to practice.

Where I practice there is something called "in loco parentis." This means that although you are not a biological parent, you have operated as such and deserve to be treated as such under the law.

Even without a marriage or signed birth certificate, family law attorneys have been able to get their clients joint custody and parenting time without a biological relationship.

There are also kinks in the law, which may work in your favor if they are available in your state.

Once you sign a birth certificate or acknowledgement of paternity, or if the child is born during the marriage, or even if the parties later marry, you are presumed to be the father.

With that presumption, the opposing party must prove you are not, and that it is in the best interests of the child that their relationship with you be severed. 

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.