If the father has already been established as the legal parent, either by appearing on the birth certificate or other legitimization as outlined by prevailing jurisdictional law, he is presumed to be the father unless proven otherwise. If no one contests his parentage and with the mother and biological father's consent if he can be located, the man may institute a legal adoption to secure his rights to the child.
A father is responsible for supporting his child whether or not he is in the child's life.
A judge can order child support from the father if a court-ordered DNA test proves that he is the child's father.
After the baby is born the father can go to court and request a paternity test. If the test confirms the father's paternity he can request custody and a visitation order and the court will establish a child support order. The mother cannot refuse to obey the court orders that establish the father's rights. If she does, she could eventually lose custody.
This varies from state to state. step 1 for the bio father would be to sue for paternity; if he does so, he will establish his parental rights and may be responsible for child support as well as have visitation rights, or even be able to sue for custody.
My child is 13 and lives in Texas and he wants to live with his father. Can he do this legally?
Father must petition for custody and court will weigh what situation is best for the child
It is very rare that a Mother wants to give full custody of a child to the Father. To this all a Mother would have to do is choose to sign and give up her rights to the child in court.
The law does not require a father to be involved with his child. On the other hand, a father who wants visitation will almost certainly get it, altho it can be supervised or otherwise restricted if evidence suggests that the father should not be alone with the child.
Your husband can only adopt if the girls father willingly gives up his parental rights or the court terminates them. As her dad he will pay child support until the adoption is through. Then your husband have that responsibility and parental rights just like you. So see what your ex wants. The court stops child support etc when the adoption is through.
If the court has awarded child support, then the good intentions of the father are irrelevant. Legally, child support must be paid.
The biological father is the legal father. The husband is not the father unless he decides he wants to claim that title and wants to raise this child. Slim to none on that one. More likely you are going to be a single parent, so go after the bio dad for child support. He owes his child that.
Single father? No see link below