Parents too, birth father’s for children born out of wedlock have rights. As do de facto fathers who are not found to be related to a child. The same best interests and welfare for the children considerations apply.
- For the birth father, the procedure follows the filing of a Paternity Action that gives Dad the availability if court orders both before and after mother gives birth.
- For the non-bio Dad, a custody action is filed. Here the issue of best interests and welfare both governs the non-bio Dad’s access to rights as well as the visitation and custody plan ordered by the court. For example where non-bio Dad has lived with the child and the child has come to know him as Dad in fact, even when clearly not bio Dad, as where non-bio Dad’s surname differs from the child’s and where child has never regarded him as his true bio-Dad, if found to have provided the predominant Dad’s role for the child. Bond, not biology, rules.
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