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.
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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.