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2 Bumps

If you get divorced, can your husband take two kids that are not biologically his?

My two oldest boys are not my husbands. He was there from birth for both and one has his last name and the oldest has my maiden name. He was there for every thing.

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bestmomever333

Asked by bestmomever333 at 11:42 PM on Oct. 27, 2010 in General Parenting

Level 4 (46 Credits)
Answers (17)
  • Is he on the birth certificate? Has he adopted them in any way?
    lovinangels

    Answer by lovinangels at 11:43 PM on Oct. 27, 2010

  • If he has adopted them and if he can demostrate it is in their best interest it is possible but probably not likely ( hugs)
    chica1965

    Answer by chica1965 at 11:44 PM on Oct. 27, 2010

  • NOT if the bio father comes into the picture...if the bio father shows interest he has more right...and the BC can be changed
    iNk-FrEaK

    Answer by iNk-FrEaK at 11:46 PM on Oct. 27, 2010

  • If he has not adopted them legally then he has no legal rights to them. If he took you to court to fight for custody they might have leancy due to him being there from the start, however, he would still have no legal rights unless given them by the court. He can only has legal rights if he is the biological father or has adopted them.
    JazzlikeMraz

    Answer by JazzlikeMraz at 11:51 PM on Oct. 27, 2010

  • Don't understand how he was there for BOTH, unless they're twins, but no...he can not "take" them if they are not his, or if he has not adopted them. He can try to with the one with his last name (assuming he signed birth certificate), but once a paternity test is done, and it's proven that he is NOT the father, then it will be dropped.
    HaydensMama07

    Answer by HaydensMama07 at 11:55 PM on Oct. 27, 2010

  • Actually, it depends, it might not be dropped. He could very likely get visitation at the minimum if he is on the birth certificate and is the only father that they've known.....even if a paternity test proves he's not the father. Men who have found out they were not the father of a child that they'd been raising, and thought was theirs, have even been ordered to pay child support after a paternity test proves they were not the father.

    The court only cares about what's in the best interest of the child (or at least that's what they're supposed to care about) so if they feel keeping the only father they've known in their lives is in their best interest it could happen. The laws are different in every state, and the outcome can be different based on the judge and the details. You really need to talk to a lawyer. Good Luck.
    ohwrite

    Answer by ohwrite at 12:08 AM on Oct. 28, 2010

  • No he has not adopted either one. His name is on one of the BC. Not twins one is 15 and the other 12. The 12 year old was a time we broke up and got back together while I was pregnant. He saw the 15 year be born, we broke up got pregnant, got back together. We do have one together who is 8. I told him the 8 year old is the only one he can fight for.
    bestmomever333

    Comment by bestmomever333 (original poster) at 12:08 AM on Oct. 28, 2010

  • I don't want us to fight over them. I told him he can see all 3 any time he wanted. I don't want to put them through that but my husband already said he would try to get full custody.
    bestmomever333

    Comment by bestmomever333 (original poster) at 12:11 AM on Oct. 28, 2010

  • And you are right....the 8 y.o. is the ONLY one he has parental rights to....and I'm sorry you're going through this... you two have obviously been in each others lives for quite some time. Good luck mama!
    HaydensMama07

    Answer by HaydensMama07 at 12:11 AM on Oct. 28, 2010

  • WE have been together for 15 years and married for 10. My 12 year old was born with serious heart defects and will need a heart transplant someday. We have been through soooooo much that I can't believe he wants to divorce over financial issues. He has always been my rock but find I no longer have a rock. I have to figure out how to be my own rock.
    bestmomever333

    Comment by bestmomever333 (original poster) at 12:15 AM on Oct. 28, 2010

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