person hasnt been seen or heard from in 13 years,no paternity established ever.I am married to another man his name is on our sons birth certificate,also possible person is illegally living in the usa meaning undocumented,so what parental right if any would this person have if paternity was established?
It depends, because your child is older it maybe difficult for the father to establish a relationship with your son. But if the father were to take action in court, it maybe possible for him to have some visitation.
You should keep a very detailed journal of any contacts and also speak to an attorney in your area regarding this issue as well as possible termination of parental rights.
If the person turns out to be the father, if he knew he had a son and didn't have any relationship with him for so long, the court will be less likely to let the biological father interfere in the child's life. If the bio father had no idea he had a son, then the court may decide it is hardly fair to deny him the chance to know his son.
Faced with this situation, the court has to decide what is in the child's best interests. The judge has a lot of power to make this decision based on many, many factors. This situation involves a flexible standard, not a rigid rule.
My answer to your question is based on the facts that you provide in your question. Additional factual details about your situation could change my answer completely. The law in inherently uncertain and always subject to change.
Citizenship has absolutely nothing to do with parental determination.
It just makes it harder to find and serve.
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