I had a one night stand with an ex and had a sweet little boy 9 months later. The "father" made it very clear that he wanted nothing to do with us and is now married to another woman. My husband and I have raised this baby as our own son and we are very happy and now live in another state. I am scared that the biological father will come back some day and demand that he be able to see his son. Does he or will he have any rights to our son? Do I need to get him to legally give up rights (he openly denys paternity) to put this to rest? The thought that our family could one day be torn apart haunts me and I need some advice. Thanks!
2007-11-20 09:00:40 · 6 answers · asked by kell54329 2 in Pregnancy & Parenting ➔ Parenting
since he denies paternity tell him that if he just signs away his rights that your husband can legally adopt him and he is off the hook. If for some reason things don't work out between you and your husband he will legally be responsible for child support if he adopts him.
2007-11-20 09:05:26 · answer #1 · answered by Ryan's mom 7 · 7⤊ 0⤋
Is your husband listed as the father on the birth certificate or is the biological father? In California, a father can only be listed if 1) the parents are married, or 2) he willingly signs a declaration of paternity.
So, if your husband is listed as the father and this other man came around one day, he would have to demand paternity testing and pay court fees, etc. to gain any rights.
If there is no father listed, check into adding your husband's name to the birth certificate. You should be able to have it done by doing the Declaration of Paternity mentioned above, without worry of paternity testing. Or, you may have to go through a legal adoption process to have his name added, depending on the laws of your state.
If you listed the biological father on the birth certificate, you need to find the laws of your state in gaining sole physical and legal custody and how your husband can "adopt" the child so the other man has no legal rights. Since he's never paid anything and has never made an attempt to see the child or claim him as a dependent, etc. you probably won't have a hard time, but do it now before it becomes an issue.
2007-11-20 09:23:35 · answer #2 · answered by lilitheden 3 · 2⤊ 0⤋
The bad thing is, he can go to court and request that the judge grant him a DNA test on your son. If he provides enough evidence that this is in fact his child, he will probably be granted the DNA test, and if it proves it is his, he can request visitation rights. It may be far fetched to think he would ever come forward and do this, but it happens.
As far as your husband adopting him, I have heard that you can publish an announcement in the paper where his last known address was, announcing your intentions to terminate his parental rights, and I believe if after a certain period of time, he hasn't come forward, the court will terminate his rights. Now, that is just what I have heard from friends. You probably should check with an attorney to find out what the law in your state is.
A coworker is in the same situation as you, and I have offered her the same advice I am giving you. Don't wait around for him to one day decide he wants to be in this childs life. It will devestate you and your husband, and will be horrible for your son to be told this stranger is his father. Do something to take care of this before he decides to come forward.
2007-11-20 09:50:20 · answer #3 · answered by Pink Cowgirl 4 · 2⤊ 0⤋
First, no one can have such rights unless paternity is established. If he were proven to be the father of the boy then he would have rights unless, yes, you had him sign away his rights. (And then your husband could legally adopt the boy as his own and share in guardianship with you.)
2007-11-20 09:08:54 · answer #4 · answered by Anonymous · 4⤊ 0⤋
yeah...what Ryan's mom said.
If he doesn't sign the rights away, "convince" him by suing him for back child support. That'll do the trick!
2007-11-20 09:08:11 · answer #5 · answered by Mike T 3 · 5⤊ 0⤋
YES HE DOES HAVE RIGHTS TO HIS CHILD UNLESS HE SIGN AWAY HIS RIGHTS
2007-11-20 09:23:43 · answer #6 · answered by shanett2hype 6 · 1⤊ 0⤋