Family Law Questions? Ask a Family Lawyer Online.
-Could you explain your situation a little more?Did the bio father ever have a paternity test or file for paternal rights after the child was born?
Did your divorce decree include your son as a child of the marriage and if so did you object at the time?
Does your ex husband pay child support for your son?
Dear JACUSTOMER - Obviously this has gone on for a long time and it is doubtful that a court is going to tell an 11 year old that all of sudden he has a new father. Depending on the circumstances of the overall relationship I could be wrong so your husband can file his motion for paternity and you would have to file a motion to terminate your ex's parental rights based on the fact that he is not the bio father. The court may, but I can't guarantee this, listen to the wishes of your son in the case. Generally the court will start listening to children once they are teenagers so I'm not certain whether your specific court will offer that opportunity.
This is going to become very complicated unless your ex is willing to voluntarily give up his rights. One method your could use to convince him would be to file for sole custody and ask for child support. If he thinks it's going to cost him money for the next 7 or 8 years he may be willing to relinquish his rights to your husband. The court is going to require the dna test results if this is a contested case. I can't imagine you will be able to be successful doing this without counsel unless your ex will agree. The first question the court will ask is why has your husband waited so long to assert his rights. Also the fact that you agreed that this was a child of the marriage at the time of the divorce is another factor you will have to overcome. I don't have the answers to those questions but you need to be prepared to answer them if asked.