Can another man claim my 13 years old boy without the support of the mother and the child ?

This is a very dicey situation. You guys are not married, so no protection for you. If the man is confident and asks for a DNA test, your efforts all through the years will go down the drain. Marriage not only protects women, it protects men as well.

Under Nigerian law (and in many jurisdictions), this makes you a legal father by conduct (sometimes called “presumption of paternity” or “psychological father”), even if you are not the biological father.

2. The Other Man’s Claim

If another man comes forward with DNA evidence, the court will accept it as proof of biological paternity.

However, being a biological father does not automatically terminate your relationship with the child, especially after 13 years.

3. Best Interest of the Child Principle

Nigerian courts decide child custody and welfare issues based on the “best interest of the child” (see Child’s Rights Act 2003, Section 1).

At 13 years, the boy’s opinion may also be taken into account. If the child sees you as his father, the court will consider this heavily.

4. Possible Outcomes in Court

Custody & Welfare: Even if DNA proves the other man is the biological father, the court may not hand over the child to him immediately, especially if the boy has bonded with you.

Parental Responsibility: The biological father may be granted some rights (like access/visitation), but your role as the primary father may still be recognized.

Financial Responsibility: The court could share responsibilities or adjust them, but they will not ignore 13 years of your commitment.
 

Hello:

I understand your concern and let me guide you presuming this matter is within the Philippine jurisdiction. Based on your narration, you have been acting as the father for thirteen years, providing full support and exercising parental authority over the child. Under Philippine law, particularly the Family Code and jurisprudence, the paramount consideration of the courts is always the best interest and welfare of the child.

a.) If another man comes forward with a DNA test claiming paternity, it does not automatically erase your years of paternal authority and custody. The courts will evaluate not just biological ties but also the psychological and emotional welfare of the child, considering that you have already stood as the father for thirteen years.

b.) Article 176 of the Family Code recognizes that an illegitimate child is under the sole parental authority of the mother, unless the child is recognized by the biological father. Since the mother does not agree with this man’s claim, the law still favors your existing arrangement and the mother’s authority.

c.) The man may file a petition in court to establish filiation based on DNA, but the court will weigh this against the stability of the child’s upbringing. The Supreme Court has consistently ruled that the best interest of the child is not limited to biology but also includes continuity of care, security, and emotional well-being.

d.) In your case, you may oppose any petition by presenting evidence of your continuous support, parental role, and the strong bond you have built with the child. If needed, you may also initiate proceedings to secure custody or recognition of your parental role to protect the child from unnecessary disruption.

It is important that you prepare legally in case the man proceeds to court.