My child's biological father signed his rights over to his mother. She has full custody for a temporary period that ends Jan.08. She doesn't want my husband around my child. Does he have any rights in this matter
2007-03-12 06:47:53 · 12 answers · asked by Autumn Travelstead 1 in Politics & Government ➔ Law & Ethics
Not really - but grandma is being pretty unrealistic. If the child sees you, she's going to see her step-father. I'm concerned that YOU didn't get custody of your child, however. Are you or your husband criminals?
You may consider a step-parent adoption, then your new husband will have the same legal rights to your child as if she were his own biological child.
2007-03-12 06:54:03 · answer #1 · answered by Rachel M 4 · 2⤊ 0⤋
If he is/was married to the child's mom, he can be seen as the father if he was there long enough and was in the child's life. Also if the child has spent most of it's life with it's mother it can be argued that the genetic father is just not a part of the family.
Recently in Canada there was a case where a man tried to sign away his paternal rights to a child that he had with his wife. The courts determined that since he was there that he was still a father figure and thus the father.
So, in theory, if she wasn't collecting child support, and the signed the child away, it can be argued that the child was abandoned by the father, wether he meant to go back or not.
As for the rights of your husband, depends on his relationship with the mother of the stepchild, if it's yours and he's been there and a father most of the kid's life, then he can likely be seen as a legal parent.
Also here a child can have 3 parents, so you can argue about that too. Whereas he would try to get custody based on parental relationship with the child, and not biological connection.
Talk to a lawyer though, I don't know the law in your area.
2007-03-12 14:02:59 · answer #2 · answered by Luis 6 · 0⤊ 0⤋
A step-father has no legal rights concerning a child.....The only way he could gain any rights is through the process of adoption in the courts. If the biological father signed away his rights, then only the mother has any legal say.
2007-03-12 15:05:31 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Surely you can't just sign over your rights to a child, like giving away a car? Not in the UK, anyway. It would be a question of the court awarding custody to someone,and I'm rather surprised that was necessary if you were around. Then the person who has custody (presumably grandmother) has the right over who the child sees or doesn't see.
2007-03-12 14:32:14 · answer #4 · answered by champer 7 · 0⤊ 0⤋
A step-parent has no legal rights to a child.
As a biological parent you would have rights, however. How did grandma end up with custody?
2007-03-12 17:13:13 · answer #5 · answered by tagosb 2 · 0⤊ 0⤋
If the biological father signed away his rights, have your current husband adopt the child. This way you and your husband have all rights regarding the child in question.
2007-03-12 14:00:20 · answer #6 · answered by LittleItalianInMe 3 · 0⤊ 0⤋
in a word NO, the only person or people who have rights over the child ,are those who are legally his guardians and of course the courts.contact your local c a b or a solicitor for advice the first half hour is usually free . ask when you book an appointment.
2007-03-12 13:59:43 · answer #7 · answered by fushia 5 · 1⤊ 0⤋
not really as the child is not his.
if the child wants to see your husband and the child is of an age where he or she can request this the mother may allow this. otherwise, he has no right s for a child that isn't his.
2007-03-12 14:02:23 · answer #8 · answered by ? 3 · 0⤊ 0⤋
i dont know where u live but i know in the uk the answer is no, not until 2008 unless the biologcal father changed his mind or the grandmother it would just have to be a case of persuasion.
2007-03-12 13:58:46 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Get legal advice.
2007-03-12 14:44:32 · answer #10 · answered by dover56dover 3 · 0⤊ 0⤋