I am trying to go after my ex for child support. He refuses. I allow him visitation time with our son even though he is not paying support and is also not listed on the birth certificate. I recently remarried and my new husband loves my son very much and would like to adopt him. My ex refuses. Can he deny my husband the opportunity to adopt him if he isn't listed on the birth certificate. Is there a statue of limitations on his ability to establish paternity?
Civil Rights Attorney
How old is the child? He can establish paternity later in life, but he is not entitled to parenting time if paternity has not been established. Once paternity is established, he will be responsible for child support. Your new husband could attempt to adopt your son, but proper notice must be filed, and the putative father would have the opportunity to contest the adoption. It would be best to consult an experienced family law attorney. Best wishes to you.
No attorney client relationship has been established by this response. This information is based only on the facts and details provided in the question and is more of a general explanation or citation to the applicable law, or portions of the applicable law concerning your case, and should not be construed as "legal advice" but "legal information." You should still contact a lawyer to review your case in detail, as well as any and all legal documents in your case, and to obtain specific advice based on your situation. You should not post private information or identifying information in your question, for your own protection, as this could be used against you or as evidence by an averse party later on. I am only licensed to practice in Indiana and any information I post that involves another state should not be construed as practicing law in that state. Please be advised that if you would like to formally retain me, and/or our law firm, you must sign a formal retention agreement and adhere to the terms of representation in order for an attorney/client relationship to be formed between us. Please be sure to rate the best answer, or mark your answer as helpful, if you believe the information posted was helpful to you. Please be sure to read the AVVO usage terms and those terms are hereby incorporated herein.
4 lawyers agree
Family Law Attorney
I agree with my colleague above. Should your husband decide to proceed with a step parent adoption, I would not recommend you take this course of action without assistance of an attorney. There are several statutory requirements that must be met and forms properly filed. The court, upon application, will consider several factors including the length of time and relationship between your new spouse and your child, the involvement of the biological father in the child's life, and the best interests of your child.
Responses by Dawn M. Boyd, Attorney At Law, to inquiries on this site are based on the information provided and are for general information only. Any responses and information presented should not be construed to be formal legal advice nor establish the formation of a lawyer/client relationship.