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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33952
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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I have discovered that I cannot have children without assistance.

Resolved Question:

I have discovered that I cannot have children without assistance. I have been told that it is highly unlikely that this was different for me in the past. I have an 11 year old daughter. Just before my ex-wife became pregnant she was having an affair that I found out about 9 years later. I have had a paternity test that proves that I am not my daughter's biological father and I want to know how this affects me legally? My daughter's mother is also making it impossible for me to see my daughter at the moment, do I have any rights (my name is ***** ***** the birth certificate). Should her biological father be alerted and should he be made to pay financially instead of myself? Can this money be back dated to her birth?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Do you still wish to have a relationship with the child?
Clare
Customer: replied 2 years ago.
Yes
Customer: replied 2 years ago.

I guess I would need to plan for both outcomes. So although my main response is 'yes' I feel that I should also plan for that being made extremely difficult by those involved.

Expert:  Clare replied 2 years ago.
Hi Carl
This is a difficult position
Given that you are named on the Birth Certificate then you still have Parental Responsibility for the child - and the child has a right to contact with the man she has seen as her father all her life.
Accordingly if you are not able to negotiate contact arrangements with your ex using Family Mediation (www.familymediationhelpline.co.uk) then you can apply to the court and you will be granted a Child Arrangement Order.
This will happen even if the child is not biologically yours.
However she is ALSO entitled to contact with her biological father should he wish to build a relationship with her.
So far as the financial position is concerned your ex cannot use the CMS to claim maintenance from you as the child is not biologically yours - but she can apply to the Family court for maintenance.
She can apply to the CMS for maintenance from the biological father - but it is not backdated, and she cannot have maintenance from both of you.
You have a decision to make.
If you wish to continue the relationship with the child then you will be paying maintenance (unless your ex makes an application against the biological father.
If you do not wish to have a relationship then whilst the court MAY still order Child Maintenance that could depend on whether or not they believe that your ex was aware of the true situation and failed to tell you
I hope that this is of some assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33952
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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