Paternity Law: Stepfathers Can Be Ruled ‘Dad’
A stepfather is just as much a father as the biological dad when it comes to paternity suits, according to the Minnesota Court of Appeals.
The court ruled that the child’s stepfather as well as the child’s biological father should both be parties when the legal presumption of fatherhood is decided on matters establishing paternity and child support.
Edward L. Blackwell, the biological father, was sued by Dakota County for back child support, public assistance, medical and other expenses related to the child.
Blackwell contended the man who was married to the child’s mother should have also been named in the paternity suit as a “presumptive father,” according to the Star Tribune.
He cited state law that says, “a woman’s husband can be considered the ‘presumptive father’ for paternity proceedings even if he didn’t biologically father the child, but had lived with him.”
The Star Tribune reports that Blackwell was confirmed by genetic testing to be the biological father of the child born to Victoria Reily while she was married to John Reily.
The Dakota County suit now moves ahead, but with both Blackwell and John Reily as named parties.
The fathers rights attorneys at Cordell & Cordell strive to protect men’s interests in divorce and paternity actions. To schedule an appointment with a mens divorce attorney, contact the Cordell and Cordell Family Law. Additional divorce resources are available at DadsDivorce.com.
Damn! I was hoping this was California law. My biological father abused me for years and my real father (aka: my stepdad) is my actually security and parent. He raised me from the time I was four years old – I’m now sixteen. And I really want him to adopt me so that I can change my birth certificate and other official documents so that my biological father doesn’t appear anywhere. Oh well. Only two more years and then I can do it anyway!