My husband has a beautiful 1 year old step son who he has not seen in 11 months. We recently found out that he was his son on Oct. 30th. She is violating the court order on his rights to visitation and is threatening to take away his rights so her "boyfriend" can adopt him since she is claiming he is still the dad... can she take away his rights and let her boyfriend adopt him?

You say this boy, who he thought was his stepson, is really his biological son. How did he find out this boy was actually his son? Was it from DNA testing?

She can't revoke his rights if your husband is the biological father; he would have to sign over his rights before any adoption can take place.

If she is not following the court orders, then the court has to be notified so action can be taken to correct the situation.

This all sounds very confusing. You say she is claiming her b/f is the bio dad, and yet you say you found out your husband is the bio on Oct, 30th.

Tick

Sorry I mean he is my step son, my husbands biological son.

1. dna test done on oct. 30 to show the boy is my husbands.
2. she does not allow visitations even though there is court order.
3. claims the boyfriend is the biological dad and she fixxed the dna test.

She is trying to take away my husbands rights because he is not in the child's life and we are having a child as well. She wants the boyfriend to adopt the boy which is out of the question my husband will never sign over his rights, but she claims she can take them since he is never around...

First, he needs to go back to the court and have them cite her for contempt of court if she is not allowing visitation. He showed have done this the first time she refused.

Second, she cannot get a legal adoption without the father's consent. But he needs to register immediately with the Texas Putative Father's registry to help prevent her sneaking an adoption past.

If he still can't get visitation, he should try to file for custody. If she is defying a court order he may be able to get it.

@scott- We are working on getting a lawyer for custody. I am hoping we have a good case because my husband loves his son very much, and it breaks his heart that she is pushing someone else as the father on him. He signed paperwork saying he was the father when the child was born and he has my husbands last name. All this drama started happening after we got together, got married, and we found out we were having a little boy ourselves.

Typical the father moves on and the mother gets her nose bent out of shape so strikes back through the child.

:( yea and its not only hurting my husband, but his son... and now its going to hurt my son since they are brothers. My husband asked if his son could be there at the hospital to see his little brother. She said only if she could see my son to. Which I'm against but agreed for my husband and his son. Now she is claiming we can't have nothing to do with the little boy unless she can take him to Mexico.. which my husband is against since she could disappear and its dangerous!