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Nov 29
1999
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Ask a Lawyer: Custody modification and non-biological fathersPosted by: Dads Divorce on Nov 29, 1999 Tagged in: UT , paternity , modify , Modification , Legal Strategy , father , custody , child , biological , Ask A Lawyer , adoption
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Question:
I have had custody of my 2 children for 4 years. During the divorce, I found out that my oldest son is not my biological son. At his birth, I signed paternity papers, basically adopting him. My wife has filed for a change of custody, after 4 years stating that I am not his biological father. The DNA test was documented in the divorce showing that I am not and it was ruled that, because of the paternity papers, I am the father. The biological father has been in jail for the last 7 years for assault and drugs. She has brought him into the picture through the courts and is saying that she should have custody of both children and that she is going to tell my son that I am not his father. He is only 10 years old. Will a judge really give her custody because I am not his biological father and take away both of my children? Isn't this damaging to my relationship with my son? Can I keep the children and have her reduced to supervised visitation?
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Utah. Since the initial custody order was put into place it sounds as though it was acknowledged that you are not the father. If that is the case, most states bar her from later bringing this point to the attention of the court as a means to gain custody. As far as supervised visitation, you must show that your children are in danger being with her alone without supervision. This is a high barrier to clear so will need to have evidence beyond what you have asserted in your question.
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