Rights of Non-Biological Father

[SFair]

What is the name of your state? Florida. My friend was married approximately 16 years ago his wife got pregnant and they had a son. A couple of years later they divorced for financial reasons only and just kept living together. Also for financial reasons everything was put in his name only. He found out a few years ago that his son is not his. His exwife had an affair when the child was concieved. He continued to live with her and the child but would now like to leave his exwife. She if threatening him that she will take the home, will not let him see the son whom biological or not he feels is his child. Does anyone know what his rights would be in this situation.
Thanks
SFair

 

[Phnx02]

What is the name of your state? Florida. My friend was married approximately 16 years ago his wife got pregnant and they had a son. A couple of years later they divorced for financial reasons only and just kept living together. Also for financial reasons everything was put in his name only. He found out a few years ago that his son is not his. His exwife had an affair when the child was concieved. He continued to live with her and the child but would now like to leave his exwife. She if threatening him that she will take the home, will not let him see the son whom biological or not he feels is his child. Does anyone know what his rights would be in this situation.
Thanks
SFair

In some states, if a child is born within a marriage, the husband automatically has legal paternity even if the child is not biologically his. Did he sign the birth certificate? If he did, this could also make him legally responsible for the child until he turns 18. Research your state law on this.

 

[Smarty Panties]

It might also depend on the age of the son. If he has been his legal father and emotional father for several years then that could make a huge difference as well.

 

[BelizeBreeze]

How old is this child?

 

[nextwife]

Was the child part of the divorce (or after)? Was CS/visitation ordered? She did not dispute paternity at that time, I'm presuming,? And The child was shown as being "born of the marriage"?

 

[SFair]

How old is this child?

This child is now 12. He was born of the marriage and she did not dispute my friend being the biological father at the time of the divorce. He agreed to pay child support but I do not believe that he wrote her any checks as they remained living together and he paid all the bills.

 

[SFair]

Was the child part of the divorce (or after)? Was CS/visitation ordered? She did not dispute paternity at that time, I'm presuming,? And The child was shown as being "born of the marriage"?

This child is now 12. He was born of the marriage and she did not dispute my friend being the biological father at the time of the divorce. He agreed to pay child support but I do not believe that he wrote her any checks as they remained living together and he paid all the bills.

 

[abstract99]

I don't really know if this is good advice or not but here goes:

If you live in a state where being married and signing the birth certificate does not automatically make you (him) the father and he really wants to be part of the childs life then I suggest this. Get on moms good side, talk her into allowing you to adopt the child and then leave her. you will have to pay the child support though.

 

[CJane]

This child is now 12. He was born of the marriage and she did not dispute my friend being the biological father at the time of the divorce. He agreed to pay child support but I do not believe that he wrote her any checks as they remained living together and he paid all the bills.

In my state (you'll have to research yours/his), if a child is 'born of the marriage' and that child's paternity is not in dispute at the time of the divorce, then the husband at the time is legally established as the father, and obligated to support that child. He also gets visitation.

 

[nextwife]

She ALREADY acknowledged paternity. Not ONLY born of the marriage, but, also, the divorce papers state he IS the father. She did not, even then, dispute that. So, legally, he is. She can't now use that as a weapon against him.