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The father will need to furnish proof of paternity, most courts require that be done by DNA testing rather than blood typing. If the biological mother does not want to voluntarily submit to the testing she can be so ordered to do so by the court of jurisdiction. The court may request paternity established before a custody hearing convenes or it may be a part of the hearing itself, depending on state laws governing such issues.

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Q: What happens when the biological father is not on the birth certificate and has not seen the child in 3 years but now wants joint custody?
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Related questions

What happens if there is a legal and a biological father?

He fights for custody.


If a biological father has had no contact with his child then can he get custody of him if something happens to the mother?

Unless the biological father has relinquished custody, he can ask the court to grabt custody in case the mother dies or cannot take care of herself.


Who Gets Custody When the Father is Not on the Birth Certificate and unwed?

In most states, the biological mother receives presumptive custody unless and until modified by court order.


If you used to be guardian but then grandmother got custody do you have to pay support if your name is on birth certificate but your not biological father?

Depends on the state


When the biological father has sole custody and the mother has signed away her parental rights many years ago how does a biological father remove his name from his child's birth certificate?

he says i dont want your dam child


Can a step father maintain custody of a child if the biological father emerges after two years?

only if mum has custody


If the aunt has custody how could the father go about getting custody?

the biological father is next of kin


If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies can her husband who is not the baby's biological father assume custody?

No, unless the baby's biological father relenquishes his parental rights, he would get custody of the child if the mother dies, not her husband. The biological father must sign his rights away to the mother's husband.


Is it against the law to put your name on the birth certificate your wife and you had someone help us have a baby and you are not the biological father but will be the father?

Oh yeah. The biological father and mother are put on the certificate.


Does a step father with power of attorney hve custody rights over the biological father?

No he does not.


Can you move out of the state of VA with children without the consent of the biological father?

If the father and mother are not married, the father's name is not on the birth certificate, and there is no custody agreement in place, the mother may take the child out of state. Otherwise, there would be legal consequences.


Can the biological mother get custody of son that lives with the adopted father?

Yes, she can. All she has to do is press suit to have custody awarded, or convince him to give her custody.