QUESTION
What to do when mother signed over rights, but father did not and someone else has had child since birth?
Asked on Aug 10th, 2017 on Child Custody - Washington
More details to this question:
My husband has been told that one of his ex's children is his. He was never informed when the baby was born and he is now 6 years old. The mother gave him to a friend of hers when he was born and as far as I know, the mother signed over custody to her friend. My Husband is wanting to know if he does paternity and finds out this child is in fact his, what rights does he have to him? Does the custody stand for what the mother gave to the friend?
5 ANSWERS
Child Custody Attorney serving Kansas City, MO
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Kiske Law Office, LLC
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Generally, a parent cannot give up or sign over their parental rights to their own child unless a legal adoption has taken place and both parents were parties to the legal action. In Missouri, a biological father or mother can usually file a paternity action in order to have a custody order in place. Unmarried fathers in Missouri usually need to file a paternity action to ensure their custody rights are protected. Free paternity testing may be obtained through Family Support Division.
Answered on Oct 20th, 2017 at 7:07 PM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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No, your husband, if he establishes Paternity-has parental rights superior to any 3rd party. Your husband should hire an attorney to help him.
Answered on Oct 20th, 2017 at 7:50 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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He can seek a DNA test in a paternity action. He really would benefit from a skilled lawyer.
Answered on Oct 20th, 2017 at 7:49 AM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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The potential father can file a Petition to establish a parental relationship with the child. If paternity is established then the father can seek custody and visitation rights. This potential father should speak with an attorney about the circumstances of the birth and why he did not know that this child may be his.
Answered on Oct 20th, 2017 at 7:49 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If your husband wants to be a father to the child he can file a parentage action. If he is adjudicated the father he will be ordered to pay support and a gradual visitation schedule can be put in place if he asks for it. Over time he could get the child full time with some continuing contact between the child and the current Care providers.
Answered on Oct 19th, 2017 at 6:13 PM