• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

What is a mother & childs rights

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

shademorgis

Registered User
What is the name of your state (only U.S. law)? missouri
This one is a doozey. This past summer I learned that my 14 month old grandson is not my daughters husbands child. My son-in-law is aware of this and accepts this. His name is on the childs birth certificate. My daughter was raped by a total stranger at gunpoint and became pregnant. Her and my son-in-law decided to keep the child. They insist there is no way my son-in-law could be the childs father, because they were being abstinant for medical reasons during that time period. A police report was not made as my daughter is terrified of the rapist. I only learned this last summer myself. We are all terrified if the police were to find the rapist, he might retaliate against my daughter and grandson. He was a total stranger who put a gun in my daughters back and forced her behind a convenience store. What are my daughters, grandsons, son-in-laws, and our rights as the grandparents? He is my daughters biological son and our biological grandson, and we love him. Any advice would be appreciated.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? missouri
This one is a doozey. This past summer I learned that my 14 month old grandson is not my daughters husbands child. My son-in-law is aware of this and accepts this. His name is on the childs birth certificate. My daughter was raped by a total stranger at gunpoint and became pregnant. Her and my son-in-law decided to keep the child. They insist there is no way my son-in-law could be the childs father, because they were being abstinant for medical reasons during that time period. A police report was not made as my daughter is terrified of the rapist. I only learned this last summer myself. We are all terrified if the police were to find the rapist, he might retaliate against my daughter and grandson. He was a total stranger who put a gun in my daughters back and forced her behind a convenience store. What are my daughters, grandsons, son-in-laws, and our rights as the grandparents? He is my daughters biological son and our biological grandson, and we love him. Any advice would be appreciated.

Your son in law would appear to be the legal father - I'm not entirely sure what you're asking?
 

shademorgis

Registered User
I guess what I'm asking is since we don't know who the bio dad is, does that give my daughter and son-in-law all rights to their son. My son-in-law has claimed him since birth, and is on the birth certificate.
 

Proserpina

Senior Member
I guess what I'm asking is since we don't know who the bio dad is, does that give my daughter and son-in-law all rights to their son. My son-in-law has claimed him since birth, and is on the birth certificate.

Your son in law is the presumed legal father provided the child was born during the marriage. If the biological father wishes to exercise any kind of rights - of which he has none at the moment and I just can't see this happening - he would have to petition the court to disestablish SIL's paternity and establish his own.
 

Hisbabygirl77

Senior Member
I guess what I'm asking is since we don't know who the bio dad is, does that give my daughter and son-in-law all rights to their son. My son-in-law has claimed him since birth, and is on the birth certificate.

Your son in law is the legal father of the child and has all the same rights to the child as the mother. He is legally the daddy.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top