Our client has believed himself to be the father of a child for three years. He has lived with the child and the mother since she was four months pregnant, but a recent health issue has demonstrated he cannot be the child's biological father. He and the child's mother were not in an exclusive relationship at the time of conception (she says she has no way of tracing any other possible "father"), so he has always known this was a possibility. He didn't care-he loves "his son." However, things are tense with the mother right now. What can he do to preserve his rights as a father?
What will be an ideal response?
He has several options. Although he may qualify as a de facto father, given the length of time he has assumed paternal duties, we might encourage him to file an affidavit of paternity. There is no indication that there is another man claiming the position, so it is possible that even if he and the mother split up, he will remain the father is he chooses to do so. If they do separate, he can seek custody rights then. If someone challenges him for paternity, THAT would be the time to raise the de facto issue.
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