my son has a 12 week old son and was just informed that he has either spinal meningitus or viral he also has a whole in his heart and central appena. He was just informed that his son had surgery and they cut his joints and are having to go back in to drill his bones because they believe they infection is now in his bones as well. he had problems waking up from being put to sleep from the joint surgery. he was born early at 33 weeks. my son and the baby mom are not married she was in middle of divorce when they baby was concieved and after birth they had him fill out birth certifacate but said until dna test from her husband was took that the birth certifacate wouldnt show him as father even though he signed it. my son was born with hyhpospadius as well as his first son and the recent son also has the same thing which is a genetic thing. the baby mom will not let my son see his son and the baby may not make it through these surgerys and my son was told since there has been no dna test done that he has no right to his son but she admits he is my sons child and with the baby having hypospadius like my son and his first son it seems like that should be enough proof of dna
Your son has no legal rights to the child until paternity is established through a court action.
I agree with Mr. Steakley. As the father of a child born outside of wedlock, he has no rights unless and until he establishes legitimacy by court order. His situation is further complicated by the fact that the mother is/was married when the child was conceived/born. The law presumes the child is a child of the marriage. Only DNA testing in a legitimacy case will resolve the issue for your son.
I agree with the other attorney's, based on your question, at the present time your son has no legal rights to the child. Since this child was conceived while the mother is married, this child is presumed to be issue of the marriage. Therefore the mothers Husband (you never stated if they got divorced) is presumed to be the legal father. If the mother is divorced, this matter should be addressed in the divorce decree. Your son should not be able to legitimate this child until the Husband files a motion to set aside paternity/ or to Delegitimate the child. It is important to note at this time the Mother, for whatever reason does not want your son to see this child. Please consult with a locate lawyer. You can file motions, and let a judge decide.
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