Does a non-biological father have legal rights for custody after a divorce if he is not on the birth certificate?
My daughter was born before me and my ex-husband got married and he is not her biological father but has been there for her since 9 months of age. He is not on her birth certificate but was ordered to pay child support in the divorce decree. He now wants to fight for custody of her. Does he have any chance in getting it? He never legally adopted her either and does not have his last name. She has my maiden name and I'm the only one on her birth certificate.
I don't know all the facts of your case but I will make the assumption that your ex-husband has always taken care of your daughter (financially and emotionally) during your marriage. That is why he was ordered to pay child support despite the fact that he is not the biological father.
Unless you are an unfit mother, he cannot take your daughter away from you. But he may be able to get joint legal custody, which allows him to have visitation rights with your daughter as well as be involved in her general welfare, such as education, healthcare, etc. I suspect he is fighting for custody because he is paying child support. But I don't know for certain what a court would decide.
You need to consult a family law attorney in your area. After reviewing all the facts of your case, the attorney can determine what your rights are and what your ex-spouse's rights are regarding your daughter.
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