Biologial Father Rights

Can a biological father gain rights to his child if the child was born when the child’s mother is married to another man?

Generally, a biological father cannot have any rights to his child if that child is born during the intact marriage of the mother and her husband. The Fifth District Court of Appeal recently affirmed this general principal and discussed the meaning of an “intact” marriage.

In the case of Peña v. Diaz, the court held that the biological father, seeking to establish paternity in court, had no rights to his child even though the child’s mother was seeking a divorce from her husband before the baby was born because after the child’s birth the mother’s husband dismissed the divorce action. The court found that the marriage was “intact” when the divorce petition was dismissed and disregarded the biological father’s pending paternity action. The mother’s husband is now responsible for paying child support for a child not his.

If you are a father expecting a child with a married mother, or the husband of a woman pregnant with another man’s child you should immediately consult with an attorney to clarify your options. At Parker & DuFresne, P.A. our experienced attorneys can provide you with an honest assessment of your case and assist you in making the best decisions possible. Call us for a consultation today.