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    angel1984's Avatar
    angel1984 Posts: 2, Reputation: 1
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    #1

    Aug 4, 2010, 03:57 PM
    Does a step father have rights if no father is listed on birth certificate
    My daughter is 8yrs and my husband has been the one that has taken care of her since she was 2 yrs. Her bio father isn't listed on her because but we have had a dna test done. He doesn't want to be part of her life but doesn't know if he wants to sign over his rights! Does my husband have any rights or is he responsible for her?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Aug 4, 2010, 04:00 PM

    First, this is a legal question so has been moved from the Children forum. Please take more care in choosing a forum to post in.

    Second, ANY question of law needs to include your general area as laws vary. Some areas would give your husband some rights. Others would give him no rights unless he adopts.
    angel1984's Avatar
    angel1984 Posts: 2, Reputation: 1
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    #3

    Aug 4, 2010, 04:03 PM

    We live in Indiana
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Aug 4, 2010, 06:55 PM

    The bio father has the right to go to court to ask for levels of custody and/or to ask for visits. Even without the DNA tests but he would have then had a right to ask for a DNA test.

    Have you ever filed for child support ? ( if not he does not even owe any back support normally) but he has a obligation to pay it, if you have filed for it.

    So does bio father have rights, yes but only the right to go to court and request that he be given those rights.

    And to be blunt, most bio fathers who are not sure about signing rights over but are not paying support, get a lot more sure about signing them over when served with child support papers.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #5

    Aug 5, 2010, 12:14 AM
    Quote Originally Posted by angel1984 View Post
    Does my husband have any rights or is he responsible for her??
    Your husband is her step father.Thus he does not have any rights but he has some obligations while he is in loco parentis/in place of a parent/...

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