QUESTION
Can my ex get visitation after our divorce if he is not biologically his?
Asked on Dec 31st, 2016 on Child Custody - California
More details to this question:
My soon to be ex-husband wants visitation to my son who he has been a dad to for 10 years but due to how we broke up, I don’t see him. He has been using drugs and drinking a lot and has brought other women around my son even before I moved out. Now, his ex-girlfriend that we have had problems with is living in our home and has kids in my son’s room. My son does not want to be a part of that. I am trying to make a clean break but he’s threatening me to get visitation. My son is 10.
1 ANSWER
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More information is needed. The issue is not whether your son is the husband's biological father, but rather whether the husband is the legal father. Depending on when the child was born relative to your marriage and when the child moved into the husband's home then the husband could be the legal father and have parental rights. Is there another legal father? You should consult with an attorney with experience in complex paternity matters.
Answered on Feb 28th, 2017 at 4:29 PM