Does my ex-boyfriend have any rights as a non biological father? 29 Answers as of June 09, 2013

My ex-boyfriend has been with me since the pregnancy and has raised, loved, and financially supported my son as his own. We recently broke up and my son's biological Father does not want my ex-boyfriend to be in his life anymore for purely selfish reasons. Does my ex-boyfriend have any parental rights?

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You ex-boyfriend could argue he is a defacto parent and seek visitation via a non-parental custody action. Also, under the parenting plan, your time is your time. I would need more facts to adequately answer this question.
Answer Applies to: Washington
Replied: 8/24/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
You need to talk this over with a family law and divorce attorney. You have some options here, and you need to know what your rights are.
Answer Applies to: New Jersey
Replied: 8/21/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
He may have a right to visitation as a third party based on the care he provided over the years.
Answer Applies to: Minnesota
Replied: 8/18/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
Probably not. In general, biological parents take priority over all other parties, even other relatives, like grandparents. Since your boyfriend is not a biological relative of your son, he probably does not have any rights in your son. It may be possible for your boyfriend to have the court give him some rights to your son under a doctrine called de facto parent. However, this is likely to be a long and expensive court battle, with no guarantee of success.
Answer Applies to: Washington
Replied: 8/15/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
It appears he may have a claim for custody and/or visitation as he has had a parent/child like relationship with the child. Here are materials you may find useful: http://www.jud.ct.gov/lawlib/Law/custody.htm
Answer Applies to: Connecticut
Replied: 8/15/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    Your "ex-boyfriend" has no "rights" regarding your son, but the "biological father" may have very little say in whether or how you allow the ex-boyfriend to visit with the child. You may certainly allow the ex-boyfriend to seen your son as you wish, although as your relationship has curtailed that may diminish. The danger in allowing your children to be exposed to your relationships that are not fully committed (unmarried relationships) is that he will suffer pain along with you when those relationships end. The biological father will have more say in custody/visitation if you have several boyfriends and breakups to which you expose the child.
    Answer Applies to: Louisiana
    Replied: 8/15/2011
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    Unfortunately in Florida he does not but your child's biological father unless he can show detriment to your child he wouldnt be able to stop you from allowing your ex from being a part of your child's life.
    Answer Applies to: Florida
    Replied: 8/15/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    No.
    Answer Applies to: Colorado
    Replied: 6/9/2013
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    No, he does not have any parental rights, but you as a mother do and if you elect to allow him to remain part of your son's life that is your choice as a mother, bio-father can hug a tree.
    Answer Applies to: Texas
    Replied: 8/15/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    Most likely not (through court system), but you do and you can help support his continued relationship with your ex-boyfriend when your son is with you.
    Answer Applies to: Wisconsin
    Replied: 8/15/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    No, he does not. Only the biological father has rights regarding the child.
    Answer Applies to: Florida
    Replied: 8/15/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    He can be deemed to be the father of the child depending upon many factors. This is much too important not to immediately contact an experienced family law attorney to help you. Go to wkfamilylaw.com to read more about the law in this area.
    Answer Applies to: California
    Replied: 8/15/2011
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    none but are you aware that in Alabama we have a common law marriage law and you may be married to your former boyfriend and will need a divorce first if you decide to marry someone else?
    Answer Applies to: Alabama
    Replied: 8/15/2011
    Michael Rose Attorney at Law
    Michael Rose Attorney at Law | Michael Rose
    How old is your child? Does the bio dad ever see the child? Has he paid child support? Without the facts it is hard to give you any help.
    Answer Applies to: California
    Replied: 8/15/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    No, unless he files a petition for third party custody and can establish both you and bio dad as unfit.
    Answer Applies to: Washington
    Replied: 8/15/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    Maybe.
    Answer Applies to: Nevada
    Replied: 6/9/2013
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Unfortunately your ex does not have any rights if he's not the biological father.
    Answer Applies to: Georgia
    Replied: 8/15/2011
    Lori C. Obenauf LLC
    Lori C. Obenauf LLC | Lori C. Obenauf
    Your ex-boyfriend has no legal parental rights in the State of Georgia. He may very well be a good friend or mentor to your son, and the decision is up to the custodial parent to determine how much, if any, contact your son should have with your ex-boyfriend.
    Answer Applies to: Georgia
    Replied: 8/15/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Generally, no, if he is not the biological father and never adopted the child. We recommend you see a lawyer about all your rights. Good luck.
    Answer Applies to: Georgia
    Replied: 8/15/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    There are too many missing elements in your fact pattern to assess the correct answer. How old is your son? How long has your boyfriend cared for your son as you described? Does your son want your boyfriend in his life? Would you son suffer emotionally and or financially if your boyfriend was excluded from your son's life? All those factors can weigh heavily in determining the correct legal approach.
    Answer Applies to: California
    Replied: 8/15/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    No, the ex-boyfriend has no rights at all.
    Answer Applies to: Alabama
    Replied: 8/15/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    He can seek visitation through the court, but no rights absent an order of the court.
    Answer Applies to: Ohio
    Replied: 8/14/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    He may, under a legal theory called estoppel. I'd suggest he consider hiring an attorney immediately.
    Answer Applies to: New York
    Replied: 8/14/2011
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    There is something called "in loco parentis" where one such as a step parent can obtain visitation rights of a child they have raised and nurtured as a parent. Your ex-boyfriend might be able to pursue visitation on those grounds. A child does not know biology and it can be very devastating to have a parental figure abruptly removed from their life.
    Answer Applies to: Arkansas
    Replied: 8/14/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    Your ex-boyfriend does not have any parental rights over your child. However you as a mother have the right to allow him to see your child during your custodial time.
    Answer Applies to: California
    Replied: 8/14/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Until and unless he files and succeeds at legitimization, in Georgia he has no rights whatsoever (but must pay support).
    Answer Applies to: Georgia
    Replied: 8/14/2011
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