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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35042
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 gave birth to my daughter in july 2012. before i got pregant

Customer Question

i gave birth to my daughter in july 2012. before i got pregant i was seeing 2 people so im not 100% sure who the father is.
my ex partner who is 19 asked to be on the birth certificate when my daughter was born.
since then he has cheated and we have split up. i have now asked for a dna test to find out if he is indeed the father to my daugter.
he is making things very difficult for my home and work life as we work together.

i would like to know what his rights are if he is my daughters biological father. and if not what are his rights for being on the birth certificate?
Submitted: 5 years ago.
Category: Family Law
Expert:  Clare replied 5 years ago.
Thank you for your query.
What contact does your ex have with the child at the moment?
Customer: replied 5 years ago.
At the moment 1 day a week how ever the day he had her she had a huge allergic reaction to his sisters house where he is staying as she has in door cats.
Expert:  Clare replied 5 years ago.
If the DNA test shows that he is not the father then you can apply to the General Registrar's Office to have his name removed from the birth certificate.
Despite the fact that he has been having regular contact the age of the child woudl make it unlikely that the court would make a contact order in his favour if she is NOT his child.
If the child is biologically his then she is entitled to have regular contact with him and one day a week is not unreasonable - provided he keeps her away from the cats.
Once he has a place of his own and the child is a little older then overnight contact is likely to be seen as reasonable.
You and he need to discuss this using Family mediation if possible to avoid court action