My son has known my husband as his father but does he have more legal rights than his birth father?? His birth father lives only a few monites from the house but wont even see him or speak to him once he sees him.
2006-08-22 04:43:49 · 26 answers · asked by Mz J 2 in Family & Relationships ➔ Marriage & Divorce
i forgot to add that his birth father doesn't want me to have anything my way due to the fact that he has to pay child support despite that he has nothing to do with his son.. he just goes agianst everything i ask for just to get to me...
2006-08-22 05:02:30 · update #1
Unless your husband has legally adopted him the paternal father has all the legal rights still.
2006-08-22 04:50:07 · answer #1 · answered by rkrell 7 · 2⤊ 0⤋
Actually, his real father does.
Suggest to your husband that he adopt your son legally. His biological father will have to sign papers giving up his parental rights, but if he has no contact with the boy, I don't see why he should mind.
Of course you should be aware that if your hubby adopts the child, you'll lose any child support you might be getting from the bio-father, if he's even paying that.
2006-08-22 04:55:39 · answer #2 · answered by Lucianna 6 · 0⤊ 0⤋
Whomever you were married to when your child was born has more legal rights. However, if there was never any paternity testing then the birth father technically has no legal rights to him. If your husband and the birth father consent, let your husband adopt your son and ask the other guy to relinquish his paternal rights
2006-08-22 04:53:04 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Before this can be answered....who's name is on the birth certificate? Although it is very commendable for your husband to raise your son as his own, unless there has been some type of paperwork drawn up, the paternal father may have more rights. I went through this myself. It's a hard cituation.....even harder on the child. You might want to talk to an attorney just to be on the safe side. Get the paternal father to sign his rights over to your husband since he can't even speak to the child.
2006-08-22 04:52:02 · answer #4 · answered by Linda S 2 · 1⤊ 0⤋
Your husband has no official legal rights as a stepfather. You may give him guardian rights, which will allow him to make decisions on his behalf in your absence.
the boy's father's rights are dictated by the scenario. If he is listed as the father on the birth certificate he has full parental rights, if there is no court order in place. If you have a divorce decree, then his parental rights would be spelled out in that. If you were never married to the father, however he is on the birth certificate, you are entitled to child support if you havent gotten it. You can ask him to give up his parental rights, and allow your husband to adopt the boy. that would give your husband full rights, and none to the father.
2006-08-22 04:54:21 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Sad to say that the biological father has all the rights. It's not fair, but that is how this world works. You can protest in court, have witnesses and etc... say that he has never had anything to do with this child. If he doesn't pay child support either, then throw that in there. See if the judge will take away his parental rights or since he such a loser, he may want to make a deal with you and give up his rights as a father. If he pays child support, tell him that he want have to pay anymore if he gives up his rights or something that he is interested in. If the judge doesn't agree to take his rights away. You can also look into him adopting him. Talk to a lawyer. He could tell you more about it.
2006-08-22 04:53:29 · answer #6 · answered by Xena 3 · 0⤊ 1⤋
Who signed the birth certificate? Who ever did that has the legal rights but, If no one did have your husband sign it acknowledging that he is taking responsibility. If the paternal father objects he will have to take you to court to be proven the dad. If he is not showing any interest now he probably won't. If on the other hand he wants to do that then take his butt to court for child support and back child support that should make him drop his case.
2006-08-22 04:52:17 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Unless your husband legally adopts your son the birth father will have some legal rights to your son.
2006-08-22 04:51:45 · answer #8 · answered by Lindsey 3 · 0⤊ 1⤋
paternal father has more rights over a husband. If the father has no interest in the child...ask him to sign over his parental rights; which opens the door for your husband to adopt your son.
2006-08-22 04:50:38 · answer #9 · answered by Mean Carleen 7 · 1⤊ 0⤋
Is his father on the birth certificate? Sadly in the courts eyes the father has more rights then the step father.
2006-08-22 04:55:53 · answer #10 · answered by Tricia P 4 · 0⤊ 0⤋