What to do when mother signed over rights, but father did not and someone else has had child since birth? 7 Answers as of October 20, 2017

My husband has been told that one of his ex's children is his. He was never informed when the baby was born and he is now 6 years old. The mother gave him to a friend of hers when he was born and as far as I know, the mother signed over custody to her friend. My Husband is wanting to know if he does paternity and finds out this child is in fact his, what rights does he have to him? Does the custody stand for what the mother gave to the friend?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Kiske Law Office, LLC | Anne Kiske
Generally, a parent cannot give up or sign over their parental rights to their own child unless a legal adoption has taken place and both parents were parties to the legal action. In Missouri, a biological father or mother can usually file a paternity action in order to have a custody order in place. Unmarried fathers in Missouri usually need to file a paternity action to ensure their custody rights are protected. Free paternity testing may be obtained through Family Support Division.
Answer Applies to: Missouri
Replied: 10/20/2017
Walpole Law | Robert J. Walpole
The easy answer is that, yes, he has rights. But the question is how to get the opportunity to exercise those rights. Your fact situation is missing some important facts so my advice is that your husband contact an attorney. There are issues that need to be addressed.
Answer Applies to: Oklahoma
Replied: 10/20/2017
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
He can seek a DNA test in a paternity action. He really would benefit from a skilled lawyer.
Answer Applies to: Wisconsin
Replied: 10/20/2017
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
This is a very complicated family law issue that needs to be addressed by meeting in an office consultation with an experienced family law attorney.
Answer Applies to: California
Replied: 10/20/2017
Attorney at Law | Aimee C. Robbins
No, your husband, if he establishes Paternity-has parental rights superior to any 3rd party. Your husband should hire an attorney to help him.
Answer Applies to: Maryland
Replied: 10/20/2017
    Law Offices of Gerard A Fierro
    Law Offices of Gerard A Fierro | Gerard A Fierro
    The potential father can file a Petition to establish a parental relationship with the child. If paternity is established then the father can seek custody and visitation rights. This potential father should speak with an attorney about the circumstances of the birth and why he did not know that this child may be his.
    Answer Applies to: California
    Replied: 10/20/2017
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    If your husband wants to be a father to the child he can file a parentage action. If he is adjudicated the father he will be ordered to pay support and a gradual visitation schedule can be put in place if he asks for it. Over time he could get the child full time with some continuing contact between the child and the current Care providers.
    Answer Applies to: Washington
    Replied: 10/19/2017
Click to View More Answers: