What are a father's rights in this situation?

Question

My boyfriend has an eleven year old brother that is the result of an affair his mother had. His brother has no idea that my boyfriend's dad is not his biological father [and we have no intentions of letting him know for a long time] but he has been raised by him since birth. His name is even on the birth certificate. His mother has been keeping him from the man he knows as his father and threatening to not let him come to his house. It's to the point where his father is thinking about court. I was wondering, what are his rights here? Does it matter that he isn't his biological son even if he signed the birth certificate? And will that affect his ability to carry him on insurance?

Answer 1

Your worried about insurance?  How about blowing this kids mind when he finds out that the guy that he has called dad or daddy is just some guy.

No it won't affect his insurance as even if he is not his biological son he would at least be a stepson.

The bio father can try and get custody.  The mother may want to remind him that it would be very costly as she would be asking him for child support from since he was born.  Also, he may also want to think about what is in the best interest of the child.  I am all for being honest with my kids, so this would take some real thinking before the news comes out.  It will someday, it just a matter of how the news will come out.

Answer 2

He needs to take her to court.  He’s the legal father, and after **11 years** no court would allow her to now disestablish paternity in order to prevent visitation (no matter what a dna test says).  Of course, as the legal father, Dad's also obligated to pay child support (you didn’t mention if he is paying it).  Tell Dad to talk to a local attorney.  Many will offer a free initial consultation.

Answer 3

Does that fact the child knows and loves the man matter to any of these people? For all intent, he is the boy's "father" Why is she scr*wing that up?They sound like they are willing to risk trust, and love for a question of insurance!

Answer 4

The boy's dad has a Right to know him. But if it goes as far as court most judges will side with the youth and not want them disrupted. Your boyfriend's dad is a real man. He deserves everyone's complete respect for stepping up and being a real dad. Good luck.

Answer 5

You would have to know the laws in your state. There are different status' of fatherhood. Some places, if you're married to a woman for a certain time before she gives birth, you're the presumptive father. Only an attorney can tell you his rights in your state.

Answer 6

I would reccomend that he contact an attorney and get a paternity test asap.

Answer 7

I commend you bf's dad for raising this boy as his own.  It depends on the state laws.  However, he has an advantage with his name on the birth certificate and knowing that the child wasn't his and still accepted him as his own.  He needs to see a lawyer and fight for this boy.  He may want to tell him that he isn't his birth father so that the boy's mother doesn't get mean about it and hurt the son.  Good luck, your family is in my prayers!

Answer 8

When a woman has an affair and gets pregnant, the father is recognized as the man the woman is married to at the time.  In the eyes if the law, the father IS whoever is named on the birth certificate, so he does have the same parental rights as if he were the biological father.  

Answer 9

Your boyfriend's mom needs to get herself an excellent family rights attorney.

Fathers rights vary by state and only an attorney can really help here.