I need Clarification ASAP!!!

[shannon_myers]

At zig

yes he did I will quote the document using Bio dad for my son's fathers name and Husband for my husband as I don't want to give out their info.

it is here by stipulated by and between Petitioner, "Bio Dad", Respondent Shannon Myers, and respondent's husband "Husband" as follows:
1.Petitioner filed a uniform Parenting plan on Jan 13 2009 regarding the parentage of minor child "my son" born Aug 28 2007
2. Petitioner now wishes to dismiss this action and give up any claims of parental relationship to "my son".
3. Respondent's Husband confirms and accepts his parental rights and responsibilities of the minor child.
4.all parties stipulate that the Petitioner will relinquish all parental rights to "my son" now and in the future and that the respondent and "husband" shall have all rights and responsibilities regarding the parenting of "my son".
5.Accordingly, "husband" is declared and confirmed to be the natural father of said minor child.
It is so stipulated
1 "bio dad signature"
2 My signature
3 "husband's Signature"
It is so Ordered
aug 26 2009 Judicial officers Signature

 

[ecmst12]

There would have had to be additional steps in order for an adoption to have taken place. It sounds like the biological father's rights were terminated but no adoption followed. So it could be that your child actually has NO legal father right now.

Putting your husband on that child's BC even though you were not married at the time of the birth and you knew he was not the father was fraudulent.

 

[Zigner]

There would have had to be additional steps in order for an adoption to have taken place. It sounds like the biological father's rights were terminated but no adoption followed. So it could be that your child actually has NO legal father right now.

Putting your husband on that child's BC even though you were not married at the time of the birth and you knew he was not the father was fraudulent.

I disagree ecmst12. The court order states the OP's husband IS the legal father. However, it was NOT an adoption. It was simply the fact that the OP & her husband signed the affidavit of paternity stating that he was the father. That was not contested by either party and the bio-father dismissed his petition to challenge it.

 

[nextwife]

Frankly, it ticks me off big time that they just ALLOW someone to become legal parent to someone ELSES biological child without ever having to go through any legal process akin to adoption. No home study, no criminal background check, no FBI fingerprint check, no five character references, no financial proof of ability to support - NOTHING that others of us who wanted to become parents to a child not biologically ours was required to do.

 

[mistoffolees]

Frankly, it ticks me off big time that they just ALLOW someone to become legal parent to someone ELSES biological child without ever having to go through any legal process akin to adoption. No home study, no criminal background check, no FBI fingerprint check, no five character references, no financial proof of ability to support - NOTHING that others of us who wanted to become parents to a child not biologically ours was required to do.

But he was already married to Mom. That means that he was legally the father from day 1 - just as if he was the one who impregnated Mom.

In that case, all they need to do is ensure that the biological father waives his rights.

 

[ecmst12]

Incorrect, they did not get married until after child was born.

 

[Zigner]

But he was already married to Mom. That means that he was legally the father from day 1 - just as if he was the one who impregnated Mom.

No, OP "clarified" ( ) her statement later in the thread:

Okay I can see your confusion with this...
When I was 6 mo. pregnant I met my husband My son was born before we got married in California where we were also married.

 

[mistoffolees]

No, OP "clarified" ( ) her statement later in the thread:

Geez. It would help if the people asking questions would get their facts straight.

In that case, I agree with emcst. It should have required a formal adoption.

 

[Ohiogal]

Okay I can see your confusion with this...
When I was 6 mo. pregnant I met my husband My son was born before we got married in California where we were also married. My son's Bio dad opted to stay out of my sons life at the time and wanted nothing to do with him what so ever so much that he told me to put my now husbands name on the birth certificate so I did a yr later he contacted me and said he wanted visitation with my son and then he took me to court. After fighting his craziness for a yr in court and racking up attorney's fees like crazy he "the bio dad" fore fitted his rights to my son and the judge in Cali said to avoid furthering litigation costs that he would grant the "bio dads offer to fore fit his rights under the assumption that My husband would take them up" we all signed a stipulation agreeing that the" bio Dad would relinquish all rights to my son and myself and my husband would then have all legal rights and responsibilities to my son which then became our son.

Make sense now???

So your husband did NOT adopt your son. Nor was his paternity disestablished at that point. Hence, he has a right to disestablish paternity during the divorce.

 

[Ohiogal]

yes he did I will quote the document using Bio dad for my son's fathers name and Husband for my husband as I don't want to give out their info.

it is here by stipulated by and between Petitioner, "Bio Dad", Respondent Shannon Myers, and respondent's husband "Husband" as follows:
1.Petitioner filed a uniform Parenting plan on Jan 13 2009 regarding the parentage of minor child "my son" born Aug 28 2007
2. Petitioner now wishes to dismiss this action and give up any claims of parental relationship to "my son".
3. Respondent's Husband confirms and accepts his parental rights and responsibilities of the minor child.
4.all parties stipulate that the Petitioner will relinquish all parental rights to "my son" now and in the future and that the respondent and "husband" shall have all rights and responsibilities regarding the parenting of "my son".
5.Accordingly, "husband" is declared and confirmed to be the natural father of said minor child.
It is so stipulated
1 "bio dad signature"
2 My signature
3 "husband's Signature"
It is so Ordered
aug 26 2009 Judicial officers Signature

Your husband was not a party to the case based on what you have stated. All that happened is that your husband did NOT have his paternity disestablished at that juncture. Because your husband was not a PARTY to THAT case, the court had no jurisdiction to decide anything regarding him on a permanent nature.