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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.

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11y ago
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17y ago

The father can legally request custody and/or visitation rights and assert all other parental rights that applied before the dissolution of the marriage until/unless a court rules otherwise. Parental rights can only be terminated voluntarily or permanently by the court they are not affected by either parent remarrying. A new spouse has no legal rights to a child born of a previous marriage or relationship.

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11y ago

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.

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17y ago

None. The biological father has lost all rights when the new father adopted the child.

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Q: What rights does a biological father have when the mother of the child remarries?
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What rights does a man found to be the father by default have to said child?

If a father finds out he is the biological father of a child, he has as many rights to the child as the mother does. He can take the mother to court for custody or to set up a parenting plan.


If you died would your son be taken away from his step father and step brother and returned to his biological father seeing as legally he is not my husband's baby or does marriage bring rights?

Marriage by itself does not bring custody rights to non-biological children. Where the children go when the biological mother dies depends on who has custody, whether the non-biological father has adopted the child, whether the biological father wants the child, and on the laws of the state where all of this is happening.


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.


Can a man get rights to a child if he and the mother aren't married to end child support for the biological father if hes willing to sign the proper papers?

with adoption


Can bio-mother add step father to birth certificate without notifying biological father and step father not adopted child?

no, changing the birth certificate requires adoption, and can only be done if the birth father's parental rights have been terminated.

Related questions

Is there a legal form on the internet a biological father can sign to give up his rights to the mother of the child?

In the state of Illinois, a biological father cannot give up his rights to the mother, but he can sign over his rights to another male. For example, a step father


Can a biological father give up his rights to the step mother if the biological mother is unfit proven in court?

just a little confusing


If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies can her husband who is not the baby's biological father assume custody?

No, unless the baby's biological father relenquishes his parental rights, he would get custody of the child if the mother dies, not her husband. The biological father must sign his rights away to the mother's husband.


Can the biological mother request relinquished parental rights if the biological father does not pay child support or make contact?

YOUR


What rights does a man found to be the father by default have to said child?

If a father finds out he is the biological father of a child, he has as many rights to the child as the mother does. He can take the mother to court for custody or to set up a parenting plan.


Can a father voluntarily terminate his rights to a child to avoid paying child support in Pennsylvania?

No.The only way that rights can be terminated for that purpose is if mother remarries and step parent legally adopts.


What does Oklahoma law states about signing away your parental rights?

If you can find someone to sign your rights over to, (you do not sign the rights 'away', you transfer them) then US law can allow you to do this. For example if a couple have a child and then get divorced, and the woman later remarries, she can request that the biological father signs their child's rights over to the new husband. The biological father is then no longer responsible for the child, the new husband is. However a biological father cannot simply abandon his right just because he no longer wishes to support his child.


Can a mother give her parents custody of her child?

No, if what is meant is, can a biological mother of a child give custodial rights to her mother without the necessity of court procedure and/or the agreement of the biological father.


When mother has full custody of a child what are the rights of the stepfather vs the natural father?

The rights of the natural father depends on if the father has given up his rights or not. If he has not given up his rights, he has the same rights as the mother, or as outlines in the custody order.


If you died would your son be taken away from his step father and step brother and returned to his biological father seeing as legally he is not my husband's baby or does marriage bring rights?

Marriage by itself does not bring custody rights to non-biological children. Where the children go when the biological mother dies depends on who has custody, whether the non-biological father has adopted the child, whether the biological father wants the child, and on the laws of the state where all of this is happening.


Will the mother or biological fathers stepsister be more likely to get custody of the 7 month old baby of a married woman?

The father's step sister has no legal rights in this case. A mother automatically has custody of her child.The father's step sister has no legal rights in this case. A mother automatically has custody of her child.The father's step sister has no legal rights in this case. A mother automatically has custody of her child.The father's step sister has no legal rights in this case. A mother automatically has custody of her child.


When the biological father has sole custody and the mother has signed away her parental rights many years ago how does a biological father remove his name from his child's birth certificate?

he says i dont want your dam child