The biological father of my kids was not involved in our oldest child's life until he was 8 months old. I got pregnant with our second child soon after and he was in and out of their life until my oldest was 2 1/2 and our youngest was 1. We have not seen or heard anything from him for the past 5 years until now. He recently got in contact with me and wants to start being a part of the kids life. I am married to a man my kids call dad and refuse to let my ex be a part of their life now. Acknowledgement of paternity was never established and he was never listed as the father on the birth certificate. If he takes me to court like he has said he would and paternity is established will the courts grant him rights and visitation even though he abandoned them for five years?

My hyusband and I were reported to CPS with allegations saying we were using drugs. We passed the urine test but failed the hair folicle test and temporary guardianship was granted to my mother. My husband was locked up soon afterwards and eventually we lost custody of the kids. My mother is now named sole managing conservator and we have possesory conservatorship. My mother and I do not get along and over the past two years she has had them she limits my visitation with them because we don't get along. I have gone to rehab, my husband is out of jail now and we are wanting to regain full custody of our three children. We are also wanting to list him on their birth certificates (since he was never put on there) and change their last name to his. Can we do this even though we do not have custody and what steps do we need to take to regain custody.

Yes.. He will be granted with visitation ,he will have to pay child support .

. I am married to a man my kids call dad and refuse to let my ex be a part of their life now.


Actually he is a legal stranger to the kids and his wishes does not matter .

You are in a trouble . I read your another post.

We are also wanting to list him on their birth certificates (since he was never put on there) and change their last name to his.
Wow-it should be seen as FRAUD if the BF wants to have rights./in some states you must be jailed/

I've merged your threads, but this seems confusing because you seem to be talking about two different situations. If your mother has custody of the children, you can't do anything. If the bio father sues to establish paternity its likely it will get visitation, if not partial custody.

Your husband currently has no legal standing and with his record, may never get any.

You really need an attorney to help you through this mess.