The first thing to make sure that you are on the birth certificate of the child and named as the father. The most prudent thing for you to do is hire an attorney to deal with the situation. If you cannot afford an attorney go down to the courthouse in the jurisdiction where your ex would be seeking adoption of your child and make sure that the court is aware that you are the father of the child. You should also draft a motion to deny the adoption of your son by your ex is new husband. As long as you're not in jail or a serious danger to the child well-being, there's not really much danger of you losing up your parental rights to your child in adoption. If the court does allow the new husband to adopt her child, that will sever all rights you have as a parent, including visitation.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
http://massachusettslawyeronline.com/
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Answered on Dec 15th, 2014 at 12:16 PM