Are parental rights automatically terminated at a certain age if no attempt has been made to prove paternity?

Question

My son's biological father has never been involved in our lives, he is not listed on the birth certificate, does not pay child support and has made no attempt to have his name put on the birth certificate or to gain any type of visitation.

For him to gain any rights he first has to petition the court for a DNA test to prove paternity since he is not listed on the birth certificate. I have heard from a few sources that when my son turns two he loses his right to petition the court if he still hasn't made any attempt to do so, unless there are mitigating circumstances.

Answer 1

I do not see how his "parental rights" could be terminated if he isn't listed on the BC,  you could have listed him but you obviously choose not to. I have never heard of a time limitation regarding establishing paternity.

Answer 2

The man that you say is your son's biological father (and I have no reason to doubt that he is the biological father) is not your son's legal father, therefore he has no obligation to pay child support at this time.  He also can't have abandoned the child since he is not the legal father to the child.  

He has until the child is 18 to file to establish legal paternity of the child. You have until the child is 18 to file to establish legal paternity.  It's the same thing to get child support and/or visitation established.  Either one of you could file for those things.

Until the court legally adjudicates (or names him as) him as the father, you don't have to let him have visitation, and he doesn't have to pay you child support.  You are considered to have full legal custody by default.  If you file for child support, and he is adjudicated the father, he will only owe support from the time when you filed for support, not for the previous years.

If you get married, and want to have your husband adopt your son, you will have to file with the court to have the biological father's potential legal rights terminated.  Most courts will not allow an adoption without giving the biological father the opportunity to establish paternity.  

Answer 3

in that circumstance he never had parental rights to begin with, there is something along the lines of abandonment, most states that i know of figure the (potential) father has abandoned the child if there was 6 consecutive months with no attempt to contact or no financial support

Answer 4

no and the courts told me that even if my sons dad comes back after 10 years he still has rights. Aint that a bite in the ***. so good luck.