Good mothers sometimes fakes..

It's A - posted on 01/06/2014 ( 2 moms have responded )




So my issue is with my step sons mother. My husband and I have had him for 3 years she pops in and out... but her mother wants to have him and is making a big deal to her daughter (the mother) and my husband is not on the birth certifacte so she threaten him to sign her rights over to her mother so she could keep him since my husband not on birth certifacte is that possible?


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Ev - posted on 01/25/2015




If the child is really his, as Desiree pointed out, a paternity test needs to be done and at this point you most likely need a family law lawyer to get this into court to order the test to be done so the mom or grandmother can not deny it done and it will hold up. The next step your husband needs to do once that is done is to go for custody, visitation and child support since he has had the child in his care for 3 years. Mom needs to be made responsible for her share of this child's care. Unless mom is given custody and the judge awards her child support and your husband visitation, then your husband would pay the child support but he would have court ordered visits that mom could not keep him from. As for you doing much of anything about it, you are a step parent and in most if not all cases, step parents have no legal say in such matters but if your husband is the father and wants to grant you legal guardianship in this he can ask the judge about that. As for grandmother, she also has no legal say on this matter unless she can prove someone unfit in this case. This is between the parents.

IF this boy is not your husband's child then neither of you really have any legal say in what goes in this child's welfare. I am not sure what the laws would say about it but if it is the case even though he has been father to this child, he might not ever see him again.

Desiree - posted on 01/06/2014




Is your step son biologically your husbands child? If he is, but isn't on the birth certificate, it seems like all it would take is a paternity test to establish that he is definitely the father.

It seems like a judge would award custody to a father before he gives him to the mother who will just sign over custody anyway.

If he isn't the biological dad, and isn't on the birth certificate, I'm not sure what can be done.

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