[Solved] non bio fathers rights

Sorry to hear about your problem. I'm sure one of the other guys will forward your query to the CLC, who are great and are better placed to advise you than I.

I'm assuming that your name appears on the birth certificate? You mention that you have been told that you are not the biological father. Have you been presented with any proof of this? I would have thought that your ex would have been raised this as an issue in previous court proceedings, so she may be doing this out of spite?

Hi Gaz

I'm sorry you've been told you are not the father of this child. The only way to find out for sure is through DNA testing and you'd have to get the mother's consent for this to happen.

I am passing your post on to our legal team at the Children's Legal Centre for their input. It may take a day or two for them to come back, so do keep watching out for their reply.

Hi Gaz

I'm not 100% certain of this, hopefully, CLC will confirm, but the basic point is that you have a residence order, so legally, that's the current position. To change this, someone is going to have to go back to court to try to get residence, and the only two people who I can see being even considered by the court would be the mother, or the biological father. Since the biological father presumably hasn't had much - if any - contact with his (your) son, and the courts obviously didn't think that your ex could provide a suitable home for your son, I can't see why they should change their minds now, and furthermore, disrupt the life of a boy who is happily settled with you, so in my opinion, you don't have much to worry about.

I'm not sure what you would need to go through to legally adopt your son - hopefully, the CLC will advise on this, but I'd certainly look into this if you think that this will provide peace-of-mind for the future.

If you have any idea who the biological father is - as far as I know, you have the right to go after him for maintenance - you may as well consider this so that you can give your son the best upbringing possible.

Finally, I'd like to say that your posting is very refreshing - despite the news you were given, you obviously have a lot of love for a son who may not be yours biologically, but is your son in every other respect. 🙂

many thanks to everybody that has replied so far your guidance with this.
the court order expired on 14 june this year,should i go back to court to try renew this or let sleeping dogs lie????
thanks
gaz

OK, backing up a bit -
1. when was the residence order granted (and how long has he been living with you on your own, as opposed to as a couple with your ex)
2. Is there anyone actually trying to take your son away from you?

Actually, I'll add to that - was the order an interim order, as I didn't think that residence orders expired. If it was an interim order, then there would normally be some sort of instruction from the court as to what was to happen at the end of the order, so this information would be useful. Otherwise, it may be that the order continues becomes permanent unless any other party took action to prevent this.

However, I'm into an area that I don't have any knowledge of - it would probably be useful for you to answer these points to give the Childrens Legal Centre the fullest picture to work with.

Personally, I still don't think you have anything to worry about - the overriding consideration of a court is the welfare of the child, and you are the best person for this.