Where to Begin

[victmich]

What is the name of your state? Tx

This is kind of complex, but I'm going to try my best to explain. My husband is possibly the father of a 14 year old boy. It seems that the odds are 50-50. He was never married to the mother. She has recently moved back to Texas and they actually got together yesterday. In the past 3 years she has contacted my husband I think 2 times. My husband was told somebody else's name is on the birth certificate.

I guess first things first is that he would need to establish paternity, is that correct? Also if someone else's name is on the BC and that person has been paying child support is he automatically the established father? How would visitation be worked out if he is in fact the BF?

Hope this makes sense. I told him that I would try to find out for him what the steps should be.

 

[stealth2]

Oh wow. Well, yes, the first thing would be to establish paternity. Your husband should absolutely speak with an attorney about this situation.

If the guy on the BC has been actively involved in the kid's life, he may well be considered the legal father. A lot may depend on the circumstances behind the situation (hence the lawyer). But as the biofather (assuming he is), your husband will be expected to pay support. Visitation would likely start out in short increments, probably supervised at first. As they get to know one another, the time together will become greater, leading to overnights, etc. I'd urge your husband to take it slow if he is the BF - this is likely quite a difficult thing for a 14 yo to process, and he may be angry, upset, and will definitely have a lot of questions.

But I applaud your husband for standing up to his (potential) obligation as this child's father. Not all are so willing.

 

[tkjc123]

where to begin

Has the father listed on the BC been involved in the 14 year old boys life all along? I am assuming the the Mom and the "Dad" have split. Does the child know that "Dad" may not be his bio dad? Does the child know about your husband possibly being the bio dad?
I am asking you this because in California, there is a law about being a defacto parent. Most likely since the boy is 14 years old, your husband would not be legally responsible for him IF the other Dad figure took on the Dad role, showed love and affection to the child, the child depended on that love and affection and the child does not know about the true parantage. (That is kind of paraphrasing the law). Look on the web about "Defacto Parents". Hope this helps.

 

[victmich]

Update

Apparently an ex husband of the mother of the child is on the birth certificate. I don't know how long ago they divorced, but my husband was told that he pays no support and is not involved with this child in any way and he lives in California. I don't know if this info makes a difference.

 

[tkjc123]

update

Who has been the father figure in this child's life for 14 years? Did he have a father figure? Did he grow up thinking one particular man was his father?