[greengiant5000]

Need advise for my son... He and his girlfriend have dated for 4 years and they break up, during the 4 month breakup time the girl is still sleeping with my son and another man. She finds out she is pregnant (but not sure who the father is)the other guy wants no part of it, my son still loves her and they get back together. But before the baby is born the other guy, who turns out is the biological father dies, and my son want the baby to have his name and he wants the child to be his and they put my sons name on the birth certificate. Long story short 3 years later they break up and now she wants my son the non-biological fathers name off and the deceased biological fathers name on birth certificate, and has hired an attorney. I believe its because she wants to be able to have full custody and so that she can receive Social Security death benefits. Does a non biological father have any rights? He was there when the baby was born and has been the only father the child has known for three years. Please advise...

[Fr_Chuck]

Many legal issues and will be based on where they live.

Of course fraud on the birth certificates did not help. And adoption is the legal way for him to have been father.

Rights may depend on state law dealing with birth certificate, but no, they do not really have any rights.

[ScottGem]

ANY question on law needs to include your general locale as laws vary by area. At this point in time, he is the legal father. I'm not sure if fraud occurred unless he knew, at the birth that he was not the bio father.

But him being the legal father, makes a challenge to paternity more of an issue. Since she has an attorney, bottom line is he needs one to advise and represent him. Otherwise the likelihood is he will lose in court.

Given that he is the legal father and has formed a bond with the child, there is a chance he may retain some level of custody and visitation.

[cdad]

How did you find out that the father of the child was the one that died when the baby wasn't born yet ?