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Parental Rights? [Gryffinwhore♥] Due March 3; 34 kids; Poulsbo, Washington 32770 posts
28th Feb '13

If I was to marry the person I'm currently with, who is not the father of my children, would he then gain any parental rights? Or would their biological father have to agree to let my current boyfriend adopt them?

1inpink2inblue Switzerland 11952 posts
28th Feb '13

In most states the DH has more rights then the bio dad and is legally recognized as the father.

Boobo&bugs Due September 24; 1 child; Simpsonville, South Carolina 5589 posts
status 28th Feb '13

No they would not gain rights unless your child was formally adopted. Which they would have to agree in most cases.

Mrs. Sherwood TTC since Jun 2013; 16 kids; Mesa, Arizona 3391 posts
28th Feb '13

If your ex-boyfriend currently has rights, he has to agree or be found to have abandoned your children (in some states) in order for your husband to gain any legal rights to them.

1inpink2inblue Switzerland 11952 posts
28th Feb '13
Quoting 1inpink2inblue:" In most states the DH has more rights then the bio dad and is legally recognized as the father."


EDT: Sorry I thought you meant if you were pregnant lol sorry.

[Gryffinwhore♥] Due March 3; 34 kids; Poulsbo, Washington 32770 posts
28th Feb '13
Quoting Mrs. Sherwood:" If your boyfriend currently has rights, he has to agree or be found to have abandoned your children (in some states) in order for your husband to gain any legal rights to them."


The father of my kids hasn't abandoned them per-say. He lives in a different state and hardly sees or calls his kids, but, I'm the one who moved. He has rights to visitation, but there is no set order in place.

penispenispenisVAGINA 4 kids; Idaho 6992 posts
28th Feb '13
Quoting 1inpink2inblue:" In most states the DH has more rights then the bio dad and is legally recognized as the father."


So if a woman was pregnant when she got with someone new had the baby, blood father isn't known, then married the man who isn't blood father, the non blood father would have more rights?

[Gryffinwhore♥] Due March 3; 34 kids; Poulsbo, Washington 32770 posts
28th Feb '13
Quoting kate & tilly:" No they would not gain rights unless your child was formally adopted. Which they would have to agree in most cases."


Is there a way around getting him to agree? Like, if I can prove that my current boyfriend is a better father than my ex?

1inpink2inblue Switzerland 11952 posts
28th Feb '13
Quoting supa~~fly:" So if a woman was pregnant when she got with someone new had the baby, blood father isn't known, then married the man who isn't blood father, the non blood father would have more rights? "


I re posted under it. I had a brain fart when i read it and I meant to put the edit on that post but had another brain fart :oops:.

[Gryffinwhore♥] Due March 3; 34 kids; Poulsbo, Washington 32770 posts
28th Feb '13
Quoting supa~~fly:" So if a woman was pregnant when she got with someone new had the baby, blood father isn't known, then married the man who isn't blood father, the non blood father would have more rights? "


If you're married before the baby is born, and the biological dad isn't around, I think that would grant your husband rights?



I mean, I'm fairly sure that it's illegal to put someone other than the biological dad on the birth certificate but unless he contests it, who would know? lol.

penispenispenisVAGINA 4 kids; Idaho 6992 posts
28th Feb '13
Quoting [Gryffinwhore♥]:" If you're married before the baby is born, and the biological dad isn't around, I think that would grant ... [snip!] ... illegal to put someone other than the biological dad on the birth certificate but unless he contests it, who would know? lol. "


In all 50 states it's considered tampering with a government document if you knowingly put the wrong person on the birth certificate which is a Federal felony offence. i know that much.

1inpink2inblue Switzerland 11952 posts
28th Feb '13
Quoting [Gryffinwhore♥]:" If you're married before the baby is born, and the biological dad isn't around, I think that would grant ... [snip!] ... illegal to put someone other than the biological dad on the birth certificate but unless he contests it, who would know? lol. "


Even if the bio dad is around you have to get your DH to sign a waver to get the bio dad on the BC instead of him at least in a lot of states.

Boobo&bugs Due September 24; 1 child; Simpsonville, South Carolina 5589 posts
status 28th Feb '13

<blockquote><b>Quoting [Gryffinwhore♥]:</b>" Is there a way around getting him to agree? Like, if I can prove that my current boyfriend is a better father than my ex? "</blockquote>




To my knowledge the court would need to terminate his rights. Which is very very hard to do. People can literally be on crack and have hospitalized their kid and still not have their rights terminated. I would schedule a consultation with a lawyer and see what they have to say. Things might be easier on Washington than in Nevada.

[Gryffinwhore♥] Due March 3; 34 kids; Poulsbo, Washington 32770 posts
28th Feb '13
Quoting supa~~fly:" In all 50 states it's considered tampering with a government document if you knowingly put the wrong person on the birth certificate which is a Federal felony offence. i know that much. "


I didn't say I would do it. I know it's illegal, as well as wrong. I'm saying, in theory, you could do that IF the biological dad didn't give a shit.

penispenispenisVAGINA 4 kids; Idaho 6992 posts
28th Feb '13

idk the laws on that part. I know that in Nebraska even if the father doesn't want anything to do with their kid they still get ass raped by child support.