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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 869
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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We have been living together ten years, we had a

Resolved Question:

We have been living together for almost ten years, we had a daughter 18 months ago, I was presumed to be father and am on birth certificate, I found out my Partner had a one night stand with an ex boyfriend around conception (by overhearing conversation with her father) a fortnight before our daughters 1st birthday. I Have learnt to overcome this now, could not bring myself to do a DNA test, and no DNA would even bother me now, have bonded even stronger and she calls me Daddy. My partner and I has recently gone through some difficulties and I believe she may be doing a DNA test using her ex boyfriends dna, my questions are simply, could I be denied contact with my daughter if dna proves he is the father and not me? It would devastate me, my daughters elder sister, my parents and also our 18 month old whos so aware! if my if my partner tried to do this? what legal stance do I have? what would the courts consider? I have own house, bussiness and financially secure surroundings. Kind regards ***** ***** mail to ***@******.***
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Dear ***** Welcome to Just Answer I am a Solicitor and will assist you. I am very sorry to hear about your situation - it sounds heart breaking. I am sorry to say that there is no easy answer to your question. A lot depends on the actions for the mother. At this present time - as you are named on the birth certificate - you do hold parental responsibility and the court would presume as the father, that if you are the mother were to separate that your daughter would be entitled to a meaning relationship with both her parents as long as there are no child protection concerns. The problem you have is - that it is possible for the birth certificate to be amended if it is proved that you are not the biological father. It is sometimes the position, with older children especially and when couples are married, that the court will consider that it is not a childs best interest to know that the father they consider that there father is actually not. As your daughter is so young the court would likely consider it is in their bests interest to know their biological father. If you ended up not being the father and not having parental responsibility if an application was made to change the birth certificate - I am so sorry to say that a court would not make an order for your daughter to send time with you. In respect of the mother leaving home - as you currently have parental responsibility - you could apply to the family court for an order to spend time with your daughter. The court would locate the mother and make an order in your daughters best interest. If the mother raises the issue of paternity at court - the court could choose to order a DNA test within those proceedings. Let me know if I can help you further Kind Regards ***** ***** kindly remember to star rate my service so that we receive credit for helping you today
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