Does A step Father have rights???

[thabbd]

What is the name of your state? Tennessee

I am recently divorced (7 months). I found out that our son wasn't mine and I was living with the fact. But I ex wanted a divorce about 4 months after all that went down. My issue is that There are 2 kids (5 and 3 yrs old), Neither know their real father, and those fathers dont want anything to do with the kids. I had my name put on both their birth cert, and I was their father, Biologically I am not for either. My ex has went off the deep end. She, and the kids, are living at her parents. she took off to stay with her boyfriend a week ago, and left the 2 boys with the grandparents. the grandparents were told that they have no way to take the kids from her at this time. Do I have any legal rights to get the kids. Please advise

 

[LdiJ]

What is the name of your state? Tennessee

I am recently divorced (7 months). I found out that our son wasn't mine and I was living with the fact. But I ex wanted a divorce about 4 months after all that went down. My issue is that There are 2 kids (5 and 3 yrs old), Neither know their real father, and those fathers dont want anything to do with the kids. I had my name put on both their birth cert, and I was their father, Biologically I am not for either. My ex has went off the deep end. She, and the kids, are living at her parents. she took off to stay with her boyfriend a week ago, and left the 2 boys with the grandparents. the grandparents were told that they have no way to take the kids from her at this time. Do I have any legal rights to get the kids. Please advise

Since you were/are on their birth certificates you were/are their legal father. Unless something happened in the divorce to change that, then yes, as their legal father you would still have rights.

If in the process of the divorce it was determined that you were not their father, then no, you wouldn't. If you were not ordered to pay child support, then you probably were determined NOT to be their father.

 

[thabbd]

the kids were never mentioned in the divorce papers. The divorce was based on a structured like there weren't any kids involved. does that change anything?

 

[stealth2]

Most likely it means that you're not considered the legal father.

 

[thabbd]

even if I'm still on the birth cert??

 

[LdiJ]

even if I'm still on the birth cert??

Even if you are still on the birth certificate. You acknowledged via that divorce that there were no children born of the marriage. Therefore you don't have any rights where the children are concerned.

 

[thabbd]

Thx for the info. I just wish I could help get those kids out of their situation, do their grandparents have any rights to seek custody if she has been gone for a week?

 

[LdiJ]

Thx for the info. I just wish I could help get those kids out of their situation, do their grandparents have any rights to seek custody if she has been gone for a week?

Nope...she would have to be gone a lot longer than a week.....more like 6 months or more before they would have any real shot at it.

 

[djohnson]

See an attorney and ask what can be done in your case. How did your name get on the birth certificates? Were they both born during your relationship? Did you adopt? Did your divorce papers stipulate that you had no children together?

I don't want to give you false hope, but you may have something. If you were legally married when the kids were born and on the Birth ceritificate, you may have more rights that you think. I personally know someone here in Tennesse that we to desert storm. He and wife had one daughter, when he came back 1 year later, she was 6 months pregnant. He tried to understand and forgive her, and signed birth certificate and was going to raise as his and real father wasn't in picture and possibly not known for sure. When child was about 6 months, they divorced and they got joint custody of both girls. Judge said that even though she was arguing the second one wasn't his, that he had accepted it as father and she had also when she allowed him to sign Birth certificate and were legally married at time of birth. She took kids out of state without permission of court, he filed and they ordered kids back to TN and gave him temp custody, went to court and he got full custody. She moved out of state and he has had both girls now for over 12 years. Talk to an attorney.