Does a father have rights if we were not married but he signed the birth certificate?

Asked over 4 years ago - Griffin, GA

The father of my son was in jail when he was born but signed the bc. He was released from jail in july or aug and I allowed him visits until he was using drugs again and my son was scared and begged not to go. He only had visits for 3 months before he was in jail again. My son is now 3. I don't trust him with my son and don't want my son to be the hurt one b/c he will not stay out of jail. I am married and my husband has raised him since 4 months..I only want the right decisions for my son and him not be exposed to that life style..HELP!!

Attorney answers (1)

  1. Suzanne Temple Prescott

    Contributor Level 11

    Answered . Rest assured, unless you son's father filed papers in the court to legitimate your son, and the Judge signed off on the legitimation, your son's father has no legal rights to your son. Hopefully this helps you breathe easier! From the facts you state here, you should consider filing to terminate your son's father's parental rights. If that was successful, your current husband could then pursue a step-parent adoption of your son. Even though your son's father has no legal rights to your son, your husband couldn't adopt him until your son's father's rights were terminated. Hope this helps!

    This is a general interest posting on a public website, regarding general legal concepts. This posting is not, and should not be interpreted to be legal advice to anyone, or to create an attorney client relationship between the poster and anyone.

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