QUESTION
If my son is illegitimate and my bf has a legitimate daughter, will my son have the same rights as she does?
Asked on Mar 01st, 2014 on Child Custody - Idaho
More details to this question:
I just found out that my boyfriend was previously married. He has a 5 year old daughter when he was married. I have a few days old son with him. We are not married. Will my son have the same rights as his daughter? Should we open a bank account together?
5 ANSWERS
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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If he marries you or signs a statement of paternity then then your son will have the same rights.
Answered on Mar 05th, 2014 at 4:47 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Both of his biological children would have the same rights.
Answered on Mar 05th, 2014 at 9:55 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Yes your child has the same rights as a child born inside a marriage. You need to file a petition for parentage (if he didn't sign the affidavit of paternity) or a petition for parenting plan/child support. This will establish a schedule when each parent sees the child and provide for support which is the right of the child. It is what makes him a legal father. Private agreements are not legal and can not be enforced.
Answered on Mar 05th, 2014 at 9:25 AM
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Your son won't have any rights to support from his father until paternity is legally established. This is solely because you were not married at the time of your son's birth. Once you establish paternity (or if you later marry), your son would have all the same protections - including right to financial and emotional support, etc. I strongly advise against ever sharing a bank account with anyone to whom you are not married, especially if there is any chance your son's father is behind on child support. If you share an account and he is garnished for his daughter's support, you could lose your money even though you have no obligation to your boyfriend's child. Visit with an attorney about some of the ways to protect yourself and your child going forward.
Answered on Mar 05th, 2014 at 9:24 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If your boyfriend dies, your son will be his heir. As for the bank account, it depends on whether you can trust him, etc. I will say that you and your child will be better protected in the long run if the two of you get married.
Answered on Mar 05th, 2014 at 9:09 AM