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Are you asking what rights does he have over the child? He is the legal father unless he signed something. He could do various things like have or fight for full custody or partial custody of the child. Just because you are or someone is married and they have a kid with someone else does not mean they have no rights they have the same rights as if the father was the husband. Also just my opinion every father should be able to have at least partial custody if they want it and I don't mean once every month I mean 50/50. The same with mothers.

Answer 2: The new husband does not have parental rights unless the biological father gives us his rights. The best thing to do is seek legal counsel, ultimately courts will decide.

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Q: If you have a child by another man other than your husband what rights does the other man have?
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Does a father have rights if child was born into a marriage but not genetically his?

The law presumes that the husband is the father of a child conceived or born during a marriage, unless/until proven otherwise. So, the husband would have the same rights concerning that child as any other.


How do you get child support when your husband is not the father of your child?

It doesn't matter to whom you are married as long as the father is listed on the birth cerificate. You need to go down to your local family court courthouse and obtain the paperwork to file for a child support hearing. Then you will go through that process, with or without a lawyer, and a child support order will be issued and then the father will be legally responsible to pay you child support.


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.


If you have full custody of your 3-year-old son what rights does his mother have and what rights does your new wife have?

A step-parent has no legal rights regarding your child. The biological mother has visitation rights and other rights when the child is in her custody.


If the biological father has no rights do you need his permission when adopting the child when marrying the biological mother?

You need to see a lawyer. Look for "Legal Aid" in your state as they offer free or low-cost legal advice. If someone is the "biological" father, he doesn't adopt the child, it is his child. He is legally obligated (in the USA) to provide support (money) for the child's needs. The only exception is if the mother was married to another man at the time of the birth, then legally the husband is considered the baby's father (even if everyone knows and admits that the other man is the baby's biological father). If you're asking whether the biological father can be forced to take care of the child in his own house, the answer is "no" he can give up his parental rights to the child. If you're asking whether the biological father can take the child away from the mother and her boyfriend/husband, the answer is "maybe" if he can PROVE to a court that the baby's mother is unfit and he (the biological father) is a better parent. If the father WANTS to be involved in the baby's life even though the mother has a new boyfriend/husband, the father MUST be allowed to have visitation with his child. Not allowing him to see the child may cause the courts to consider the mother not fit to raise the child. Again, GET LEGAL ADVICE from a lawyer.

Related questions

How do you deport the father of your child have another child the other wife?

my husband has a another child in other girl my husband accusing me child abused with no exact evidence.what should i do?


Does a father have rights if child was born into a marriage but not genetically his?

The law presumes that the husband is the father of a child conceived or born during a marriage, unless/until proven otherwise. So, the husband would have the same rights concerning that child as any other.


If your husband who is separated from you brings another woman to live there has she any rights?

As long as they aren't no married legally she has no rights but to the husband that has bringing the other woman into the house might feel different on the situation.


Your husband is leaving you for another woman Can you legally prevent him from exposing your child to the other woman during visits?

No


Can a child move from one parent to another legally?

Not if the other parent has joint custody and/or visitation rights.


Is it legal in Alabama for a mother to relinguish her parental rights to another adult individual that lives out of state?

I am presuming that you're asking if one parent can relinquish her parental rights and basically give the child to another adult who is unrelated and not the child's other parent. The basic rule is that if one parent terminates her rights then the other parent has those rights unless the rights of that adult were previously terminated. I am sure that in any case the adult to whom the child was given must officially adopt the child by going through certain judicial proceedings.


Can I take my child to another state?

Not permanently if the other parent has any visitation rights. You need permission from the court.


How do you get child support when your husband is not the father of your child?

It doesn't matter to whom you are married as long as the father is listed on the birth cerificate. You need to go down to your local family court courthouse and obtain the paperwork to file for a child support hearing. Then you will go through that process, with or without a lawyer, and a child support order will be issued and then the father will be legally responsible to pay you child support.


If a married woman has a child not belonging to her husband what are the biological fathers rights?

He has no rights even if she's not married. Only a court can grant that. If the couple remains together, and the man is willing to raise the non-biological child, it's best for the child to have no disruption to it's life. But, a court order needs to be enter that says she can never file a claim against you for child support.A child born to a married woman is presumed to be her husband's child until/unless a court rules otherwise, via DNA test or other evidence.


What are Virginia laws about married women who cheat and get pregnant..what are the other mans rights can he terminate his rights and does he have to pay child support since she is married?

If it's like Illinois, the mother's husband is presumed to be the child's father unless/until proven otherwise. If someone else is proven to be the father, he will be potentially liable for child support.


Can a man other than your husband get a DNA test on your child in Missouri?

Yes. Sometimes it is necessary when the husband is not the father. The biological father who wants his parental rights has to prove it by a DNA test. A male who has not been named the father of the child must obtain a court order before he can impel the child's mother to allow paternity testing.


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