QUESTION
Does my ex-boyfriend have any rights as a non biological father?
Asked on Aug 12th, 2011 on Child Custody - Georgia
More details to this question:
My ex-boyfriend has been with me since the pregnancy and has raised, loved, and financially supported my son as his own. We recently broke up and my son's biological Father does not want my ex-boyfriend to be in his life anymore for purely selfish reasons. Does my ex-boyfriend have any parental rights?
14 ANSWERS
Maybe.
Answered on Jun 09th, 2013 at 9:10 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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No.
Answered on Jun 09th, 2013 at 9:09 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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You ex-boyfriend could argue he is a defacto parent and seek visitation via a non-parental custody action. Also, under the parenting plan, your time is your time. I would need more facts to adequately answer this question.
Answered on Aug 24th, 2011 at 6:40 PM
Probably not. In general, biological parents take priority over all other parties, even other relatives, like grandparents. Since your boyfriend is not a biological relative of your son, he probably does not have any rights in your son. It may be possible for your boyfriend to have the court give him some rights to your son under a doctrine called de facto parent. However, this is likely to be a long and expensive court battle, with no guarantee of success.
Answered on Aug 15th, 2011 at 3:50 PM
4 Awards
Your "ex-boyfriend" has no "rights" regarding your son, but the "biological father" may have very little say in whether or how you allow the ex-boyfriend to visit with the child. You may certainly allow the ex-boyfriend to seen your son as you wish, although as your relationship has curtailed that may diminish. The danger in allowing your children to be exposed to your relationships that are not fully committed (unmarried relationships) is that he will suffer pain along with you when those relationships end. The biological father will have more say in custody/visitation if you have several boyfriends and breakups to which you expose the child.
Answered on Aug 15th, 2011 at 1:20 PM
Most likely not (through court system), but you do and you can help support his continued relationship with your ex-boyfriend when your son is with you.
Answered on Aug 15th, 2011 at 9:31 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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No, he does not. Only the biological father has rights regarding the child.
Answered on Aug 15th, 2011 at 9:18 AM
He can be deemed to be the father of the child depending upon many factors. This is much too important not to immediately contact an experienced family law attorney to help you. Go to wkfamilylaw.com to read more about the law in this area.
Answered on Aug 15th, 2011 at 8:21 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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No, unless he files a petition for third party custody and can establish both you and bio dad as unfit.
Answered on Aug 15th, 2011 at 7:30 AM
Roianne Houlton Conner
No, the ex-boyfriend has no rights at all.
Answered on Aug 15th, 2011 at 6:48 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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He can seek visitation through the court, but no rights absent an order of the court.
Answered on Aug 14th, 2011 at 5:53 PM
Patricia C. Van Haren
Your ex-boyfriend does not have any parental rights over your child. However you as a mother have the right to allow him to see your child during your custodial time.
Answered on Aug 14th, 2011 at 4:26 PM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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There is something called "in loco parentis" where one such as a step parent can obtain visitation rights of a child they have raised and nurtured as a parent. Your ex-boyfriend might be able to pursue visitation on those grounds. A child does not know biology and it can be very devastating to have a parental figure abruptly removed from their life.
Answered on Aug 14th, 2011 at 4:26 PM
Glen Edward Ashman
Until and unless he files and succeeds at legitimization, in Georgia he has no rights whatsoever (but must pay support).
Answered on Aug 14th, 2011 at 4:13 PM