What rights do my husband (birth father) and I have to a child?

My husband has a 10 year old son. In 2002 the birth mother (Alicia) let her parents adopt him for questionable reasons. I have the papers that my husband never signed. But there was a court date and he was unaware, didn't show and the adoption went through. I contacted her to see the child for the benefit of my children and she eventually agreed. She told the child that my husband was his father. She then preceeded to try to get my husband to leave me for her even though she's married too. Anyways, now we can't see the child. There is some question whether her parents still have custody or if she got her rights back and let her currents husband adopt him. I'm not sure what good this info will do me. But right now I'm just trying to figure out whatever I can to see what our options might be. This child now knows about his father and I feel like we should do something. Am I going to be able to obtain this info? I don't know if the adpt. was sealed or open. Any thoughts?

Check to see if your state has a Putative Father Registry. If there is one file the paperwork to get registered.

Check to see if the courts have forms for paternity determination or if you need to write something up. It is getting pretty common, so some states do have forms to fill out.

When I filed in Maryland it cost $105 but in Delaware it cost $50. In Maryland to serve papers it cost me $40 (was $35 when i started).
Federal was a whole other issue With $358 to file $180 for the process server.


The process:
1 You file the papers (called a petition or complaint).
2 Court issues a summons.
3 You must have the summons served on the other party (respondent or defendant).
4 The other party will have time to reply.
5 There should be a hearing set, hopefully the judge or master will issue an order to have a DNA test.
6 DNA test will have to be the expensive one with the 'chain of custody'. Labcorp charges $630 for mother, father, child ($210 per person tested).
7 There will be another hearing for official results.

That's the basics. It may be different in your area but it is a rough guideline.That process should keep you busy anywhere from 9 months to 2 years depending on where you live and if the other party fights. Did you notice that I didn't even discuss child support or custody/visitation? That's another issue.

Request a paternity test. If he is the father, he will automatically have rights to the child.

First, find an attorney that specializes in this type of case. I would assume your husband does have rights, the child is 1/2 his off-spring. Courts in the past would favor the Mother because she was usually the best care giver, but of late that is not necessarily true. Be prepared if your husbands rights are confirmed what are your intentions. Are you disrupting his life or are you going to contribute a quality part of it. What if you get full custody (if she is unfit). Are you prepared to take on a 10 year old?

At some point he can declare himself divorced from her and do what he wishes. Check with your attorney and see when he can do that....but only if this is his wish.

Hard situation no matter what happens.

Depends on what state you're in. Family law varies from state to state.