I've been married for 10yrs (together 18) & we have a 9yo together, but while on "break" I got pregnant with my ex bf's child (I have sole physical & legal custody of that child). My husband moved past it & stepped right up as the father. My ex bf (biological dad) has always been physically abusive towards me, has drug/alcohol problem & has been in & out of jail/prison most of his life & was recently released again from prison. Since his release 1yr ago, my ex bf has not attempted to be a part of or provide for my 7yo in any way & has continued with his illegal behavior. Recently my ex filed for sole custody of my 7yo & the judge is giving him a chance to reunify but we have to attend counceling first. Where are my husband's rights? My rights? How can the judge remotely consider "reunification" when my son has a father already? My husband has a clean record, good stable job (13yrs), has always provided for me & the boys & wants to adopt my youngest son, we never did it before cause my ex was gone for so long we never thought a judge would consider giving him a slight chance if he ever came back. How can I stop my ex?
There really is no way to stop a biological father from seeing his child unless he is willing to sign away his parental rights and allows your husband to adopt. That said, the judge will consider his criminal history, drug abuse, and history of domestic violence when determining visitation and the reunification process.
Judges consider reunification because the law favors a child knowing both his parents as it is considered in the child's best interest when the absent parent makes an effort regardless. However, you should consult with an attorney for more detailed information as it pertains to your case. Many offer free consultations. Good luck.
The answers provided do not constitute comprehensive legal advice nor does it establish an attorney-client relationship.
Wait..I am unclear...with respect to the seven year old son (your ex-boyfriend's child), was this child born during your marriage to your current husband?
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