Trying to get through a divorce, and I have just found that my future ex had a child with another woman many years ago. He has not had a DNA, but would like to discuss this with our 10 year old son. I feel that this news would be very hard for my son to digest, so why say anything unless you have valid proof? I don't know if legally if I can ask for that. What are my rights, and my son's in regard to this?
Family Law Attorney
I agree with you morally. I'd wait for the DNA test before I explained to my 10-year-old that he had a sibling. I'd want to be sure. But it's his call, and he can explain now or wait until later. He has the right to tell his own son about a possible sibling if he wants to. You can't legally prevent it.
The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!
9 lawyers agree
Criminal Defense Attorney
I agree that it would be very hard to restrict another parent from informing the child of life events. The only option you may have is file to enjoin him from discussing it with your son pending the findings as it would be in the child's best interest. The courts are always focused on the best interests of a child. Without the court explicitly telling him otherwise, he's able to discuss it with your child but if the information ends up false and harmed your son, he'll have to explain to the court his actions.
Divorce / Separation Lawyer
I agree with your thought process, but there is also the other side of the coin that allows both parents to be able to co-parent the child. If he feels this is something that would be best then I am sure he will go ahead and tell him. Perhaps having an honest talk with him will help, express your concerns and ask that he wait until proof is received.
You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
7 lawyers agree
Divorce / Separation Lawyer
I agree with my colleagues. It makes no sense to get him hopped up about some possibility without proof first. Still, I understand why the father feels the need to tell the son (when appropriate). Good luck!
Bill Rosenfelt 407-462-8787 (Orlando/Longwood/Central Florida)
Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.