Co-parenting agreement without adoption, rare situation

[Ohiogal]

Poor kid

I don't think OP is coming back. I think she doesn't like reality.

 

[Ohiogal]

Well, you could give him joint custody, but if you do it would still be giving him the right to object to you moving the child away. You could name him the standby guardian in your will should something happen to you, but again, even though the biological father is not in the picture, he still has rights and both he and your entire family could challenge your husband being the standby guardian.

All in all, you either let him adopt (if you can get the biological father's agreement) in which case he would be equal to you, or you don't let him adopt and he has no legal rights. If there were no father named on the birth certificate he could assert legal right because he was married to you when the child was born. However, since there is another man on the actual BC, he couldn't remove him without a paternity test.

OP CAN NOT GIVE Her husband joint custody. She would have to file a lawsuit to do so and serve her ex husband as well as the LEGAL FATHER of the child (the legal father she made by fraud). At this point in time it may be too late to remove him from the birth certificate due to her not telling the hospital she was legally married when she birthed the child. GO FIGURE. Lies -- even by omission -- have consequences.

 

[zddoodah]

I have heard of Co-parenting agreements and wonder if this is a viable option in this case.

I'm not sure what you've read or heard, but no contract is going to be a substitute for adoption. Keep in mind that there's every chance that, despite some other man's name being on the birth certificate, your husband is the legal father of your child and has no need to adopt.

If he were posting here rather than you, I'd urge him to consult with a divorce attorney about pursuing divorce and whether, since you were married at the time of birth, he is already considered the child's legal father.

My desire is to give my (never divorced from) husband some kind of legal assurances of his rights without his actually adopting her. Wondering if there’s some existing legal process or document to facilitate that

No, there isn't. If he is the legal father for the reason mentioned, then he has the same parental rights you do. If he isn't (since you obviously weren't cohabitating at the time of birth or conception), then he has no parental rights and can't acquire any in the absence of an adoption (contrary to what someone wrote, you cannot "give" any form of custody -- only a court can "give" custody).

Why did you lie when signing the acknowledgment... The hospital never would have let you sign it if you would have said you were married and you would have had to go to court.

Good question, and I agree.