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If a man is the legal father because he signed paternity papers at birth but a DNA test ordered by a judge after removal shows he is not the dad, does he still have rights? Will the judge automatically disestablish his paternity? The baby was removed from the hospital so no real time to bond with the legal father.
If he wants the baby, then yes, he will get a plan and the baby is legally his. I have no idea what happens if the real biodad is found. We have never had the biodad found before, just the legal dad situation.
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So even though the court did a DNA and proved he isn't bio dad and he has no relationship with the baby he will still get to work a plan? He did not attend court and doesn't yet know he is not bio dad from what I know. He also hasn't visited since November.
If he wants to work a plan, then yes he'll be given the opportunity.
If he wanted to ask the court to remove him from the birth certificate and nullify the paternity papers, on the basis of the DNA test, he could do that, too.
But he is legally the parent until either he petitions to have himself removed from those legal papers, or until the courts terminate his rights. Until one of those happens, he is still the legal father and gets to work a plan if he chooses to do so.
Thanks for the information. I appreciate it. I haven't had much chance to talk with the caseworker about any aspects of the case and since we would be kinship and have never done foster care, I have no real idea what I am getting into. I just know the caseworker started the ICPC process and told me I should "hear something" by mid-January and if not to call him back on January 20.