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If spouse is not biological father does he have visitation rights?
Wiki User
∙ 14y ago
the family NEVER has the legal right of visitation if not awarded specifically by a state court. Morally, if the intentions of visitation are simply for acknowlegement of relation, then legal guardians(you) should discerningly, allow visits with blood relatives(them) under supervision of legal guardians(you). in other words, NO.
ANSWER: Actually, in some states that isn't true. In Wisconsin there is a thing called Grandparent's Rights. This entails that the biological Grandparents are entitled to 1 weekend a month to see the child. I'm not sure what other states that applies in but it is something to look into to be sure of.
Wiki User
∙ 8y ago
Wiki User
∙ 14y agoIf he paying child support, or can prove to the court that a father/child relationship has been developed.
Wiki User
∙ 11y agoParental rights or lack thereof completely depend on state law (or country if outside the USA) where the child legally resides.
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How can you allow visitation by the biological father with his child who has been adopted by the spouse of the child's biological mother?
There are no laws that would prevent the child from vistation with her biological father as long as her custodial parents agree. The biological father has no legal grounds to seek vistation or custody if the adoption were done according to the laws of the state in which it occurred. Visitation must be voluntarily agreed to by the custodial parents and the child under the terms that they establish. The visitation rights can also be withdrawn by the custodial parent(s) if and whenever they so choose. It would be in the best interest of those involved for the custodial parents to establish guidelines (boundaries) before visitation is allowed.
If the father of a child gets married and owes back child support can the spouse be obligated to pay his back child support in CA?
An unmarried father cannot "choose" to not pay child support. The laws in every state require that a father pay for the support of his child. The mother must bring an action to the appropriate court so that a child support order can be established. Visitation rights are separate and a father can have visitation rights established by the court. Visitation rights are not dependent on paying child support.
Who has rights biological child with fiance or current spouse?
You need to ask clearer, your question makes no sense. What rights are we talking about?
What rights does a biological father have when the mother of the child remarries?
The child of a woman who is married is generally assumed under the law to be the child of her husband. That type of situation complicates a child's legal rights and compromises the child's genealogy unless the matter is addressed by a court order that identifies the child's biological father. If there is no court order, the mother's husband will be listed as the father and he will be responsible for supporting the child even if the parties later divorce. The child will be his heir at law. The child will not be considered an heir at law of his biological father unless he can prove his relationship at the time of his biological father's death.The child of a woman who is married is generally assumed under the law to be the child of her husband. That type of situation complicates a child's legal rights and compromises the child's genealogy unless the matter is addressed by a court order that identifies the child's biological father. If there is no court order, the mother's husband will be listed as the father and he will be responsible for supporting the child even if the parties later divorce. The child will be his heir at law. The child will not be considered an heir at law of his biological father unless he can prove his relationship at the time of his biological father's death.The child of a woman who is married is generally assumed under the law to be the child of her husband. That type of situation complicates a child's legal rights and compromises the child's genealogy unless the matter is addressed by a court order that identifies the child's biological father. If there is no court order, the mother's husband will be listed as the father and he will be responsible for supporting the child even if the parties later divorce. The child will be his heir at law. The child will not be considered an heir at law of his biological father unless he can prove his relationship at the time of his biological father's death.The child of a woman who is married is generally assumed under the law to be the child of her husband. That type of situation complicates a child's legal rights and compromises the child's genealogy unless the matter is addressed by a court order that identifies the child's biological father. If there is no court order, the mother's husband will be listed as the father and he will be responsible for supporting the child even if the parties later divorce. The child will be his heir at law. The child will not be considered an heir at law of his biological father unless he can prove his relationship at the time of his biological father's death.
Can remarried mom leave custody of children to new spouse in Last Will and Testament when bilogical father is still living and has visitation and pays child support?
Can, but the father can challenge it in probate.
How can you allow visitation by the biological father with his child who has been adopted by the spouse of the child's biological mother?
There are no laws that would prevent the child from vistation with her biological father as long as her custodial parents agree. The biological father has no legal grounds to seek vistation or custody if the adoption were done according to the laws of the state in which it occurred. Visitation must be voluntarily agreed to by the custodial parents and the child under the terms that they establish. The visitation rights can also be withdrawn by the custodial parent(s) if and whenever they so choose. It would be in the best interest of those involved for the custodial parents to establish guidelines (boundaries) before visitation is allowed.
What visitation rights does a spouse have with their child after the other spouse has left with the child?
Equal rights and access see link
Non custodial parent is an OTR driver and wants his new spouse to exercise his visitation rights do I have to let the children go with the new spouse?
You can go back to court and request that the visitation order be modified to better suit the situation and allow the children time with their father.
If a child has an established visitation routine and the parent with visitation rights is deployed does the step-parent have the right to see the child?
Provided the father provides the spouse with a POA, but it would be best to modify the custody/visitation orders to avoid interpretations. see link for help.
If the father of a child gets married and owes back child support can the spouse be obligated to pay his back child support in CA?
An unmarried father cannot "choose" to not pay child support. The laws in every state require that a father pay for the support of his child. The mother must bring an action to the appropriate court so that a child support order can be established. Visitation rights are separate and a father can have visitation rights established by the court. Visitation rights are not dependent on paying child support.
What if you have visitation rights but cannot make contact with your ex spouse?
Visit the court that issued the visitation order and request help from that court.
What do you do when you are divorcing your husband who is not the biological father of your child and the child's real father wants to be involved?
Do the kids like him? Has he taken on the traditional role of the father for these children? It really doesn't have much to do with whether he is the biological father, in a situation like this, it's about the children. What damage will you be doing to them if you pull him away? Don't let your anger against him turn into a punishment for the children. Life's tough enough when a child goes through the parent's divorce. You don't need to make it worse. * In the US a spouse who is not a biological parent does not have custodial rights to children when a divorce occurs unless he or she adopted the child during the marriage. If adoption is an issue and the parties cannot reach an amicable agreement, custodial and/or visitation decisions will be left to the judge. If the biological father did not relinquish his rights he can request custody or visitation of his child or children. If he did relinquish parental rights then he no longer has legal rights of any sort to the child and any part he plays in the child's life depends upon what the custodial parent(s) choose to do.
Incarcerated spouse will not allow visitation if you divorce?
The spouse cannot refuse visitation, however the courts can.
Who has rights biological child with fiance or current spouse?
You need to ask clearer, your question makes no sense. What rights are we talking about?
What is a step-father?
A non-biological "father"; essentially, when a woman remarries after her husband's death/divorce, her new spouse is a step father to her children.
Does a biological child have more power over a dying father than the spouse?
If by spouse you mean their legally married spouse the answer is no. If you mean simply a girlfriend it's yes.
If your biological children were killed and your spouse is not the biological parent can your spouse get half of the settlement in a wrongful death suit?
Your spouse may have rights if the children were legally adopted by her/him. Generally, if there was no legal adoption they wouldn't be entitled to any award or settlement. You should consult with an attorney.
