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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Family Law

Resolved Question:

I have been with my wife three years and married for two years . When I met her three years ago she was a month pregnant off a one night stand . We married when our son Harley was one month old and I have brought him up and my name is ***** ***** Birth certificate. Three years after the one night stand my wife received a text message from the one night stand saying he knows that it's his biological son. This has thrown my wife into fits of tears and worry .

Q1, Does he have any rights

Q2 Do I have any rights

Q3 what do we need to do to make sure that this person can not have any rights in any way to our son .

Can we stop him from coming to the house or bothering us as most people can be found on the internet these days .
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is there any chance that the child might be biologically yours?
Has this man threatened to apply for contact?
Clare
Customer: replied 3 years ago.

Dear Clare There is a 5% chance that Harley could be mine but working on dates and times it's very unlikely . I was a young millionaire business man and I dated my wife on and off . I knew in loved her very much but I suppose it was hard to change my lifestyle . One morning it all clicked in to place and when I went round she informed me she was pregnant and the dates did not coincide with the two of us . She new who the father was but it was just a one night stand and she also informed me that he had some mental health issues through the use of cocaine at the time. Three years later she gets a text asking if it's Louise the mother of his child. Our first concern is him finding Louise on the net or 192.com etc and turning up at the house and secondly does a one night stand have any rights after 3 years of non contact to see Harley . Or does he have any rights at all . He has not threatened anything as yet as he does not know where we live etc but we need to know where we stand if he did as we need to be read rather than ignore.

 

 

 

 

 

Regards Greg

Expert:  Clare replied 3 years ago.
Hi Greg
There is no point on my misleading you - if this man is the biological father of the child and he does wish to pursue contact then I am afraid that there is every chance that the Court will indeed Order some form of contact on the basis that the child is entitled to contact with both biological parents - provided that can be managed safely
Accordingly if he makes contact rather than ignoring him it is best to confront the issue, arrange a DNA test and use Family mediation to discuss the way forward.
Make it plain that if he wishes to have contact then he will have to prove his commitment by attending a Contact Centre for two hours once a fortnight
Point out that he will also have to start paying Maintenance
If you do this then there is every chance that he will withdraw - since it is likely that he is simply using this as a threat
I know that this is not the news that you wanted - but I am afraid that it is the best way forward
Please ask if you need further details
Clare
Customer: replied 3 years ago.
Dear Clare


So your saying after 3 years of being a full time Dad and being on the birth certificate that any time in the next 40 years I could be demoted to a step dad . The courts or caffcass don't have any time period or take into account that he has had three years to do this but has not attempted anything .

Regards

Greg
Expert:  Clare replied 3 years ago.
Hi
You will remain the child's father in every way that counts BUT he is also entitled to know his biological father
If you offer to negotiate then you may well be able to avert any application to change the Birth Certificate - but if not you can still retain parental Responsibility by way of a court order
Clare
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