What Rights does my Child’s Biological Father have if his Name isn’t on his Birth Cer
I was never married to my 13 year old son's biological father. However I was married to someone else at the time. My ex-husbands name is on his birth certificate since the law says if you are married the husband is the legal father regardless of the actual biology. My ex did know that the child was not biologically his but has raised him as his own anyway.
The biological father has not been involved with our son, but wanted to be. He was not financially etc. stable at the time our son was born, and by the time he got his life together, my son was already established with my ex-husband. He thought was doing the right thing by staying away, and not forcing the issue or disrupting his life.
He has kept up with how he is doing, via phone, and e-mail through the years with me.
Recently, my son has been told the truth about hIS “real” dad. I told the bio-dad of this, and he is THRILLED. He has been seeing him, and wants to establish paternity and get visitation, and pay child support. All the stuff a “dad” does.
No-one wanted to take away anything away from my ex husband since he's been a decent father to him all these years.But my exhusband has to understand that he is not the biological father. He doesn't want to work with us at all and change the visitation schedule so we can all have some time with him. I don't blame him really, but no-one is trying to hurt him. My son wants to see his biological dad and his half brother and sister on his side.
When my ex and I divorced, child visitation and support was detailed out in the paperwork. He says that if we want to change that we have to go to court.
We are wondering if the bio-dad stands any chance to re-gain legal rights to his child since it's been 13 years since he was born, and he has had no formal contact with him during that time. We are going to get an attorney, but until then, we were just wondering if he stands a chance at all.
