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    proudmomma03's Avatar
    proudmomma03 Posts: 1, Reputation: 1
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    #1

    Nov 20, 2010, 07:09 PM
    What rights does a biological father have if he's never been around?
    My sons biological father has never been in his life. We split up when I was three months pregnant and he has never had contact with him. Has never seen him, never paid a penny of child support, we have never been to court over paternity or visitation or anything, his name is not on my sons birth certificate, not listed on anything that has to do with my son. He has flat out never had a thing to do with him. My son is now three. I am married now and am just curious as to what could possibly happen if he ever decided to want to be in his life? Would courts really hand my son over to a complete stranger for visitation? How can my husband adopt him? We are currently in KY. I know things differ from state to state.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 20, 2010, 07:47 PM

    Your husband can adopt only if the bio father will agree.

    The bio father has the right to ask for a DNA test to prove he is the father ( if he has not been proved the father and is not on the birth certificate)

    And he will have rights to ask for visitation, The courts will most likely require it to be supervised at first, perhaps with counseling to ready the child. But yes of course the child's father will get visits unless he is a proven threat to the child.

    And since you have never been to court, he does not owe any child support, so him not paying means almost nothing at this point, support by law is due when you get a court order for it.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Nov 20, 2010, 07:59 PM
    Quote Originally Posted by proudmomma03 View Post
    ... Would courts really hand my son over to a complete stranger for visitation? ...
    If it came to that, chances are that a court would devise some sort of way that the two could get to know each other first, if you were to suggest it.

    Quote Originally Posted by proudmomma03 View Post
    ... ... How can my husband adopt him? We are currently in KY. ...
    Yes. If you get the biological father's consent it will be easier.

    Google "kentucy step parent adoption" and you will get a host of answers on the subject.

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