How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JD 1992 Your Own Question
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33774
Experience:  Began practicing Family Law in 1992
11068102
Type Your Family Law Question Here...
JD 1992 is online now
A new question is answered every 9 seconds

I am married to a man that might not be the biological ...

Customer Question

I am married to a man that might not be the biological father to my 3 yr. old son. If we were to get a divorce, and if he isn't the father, would he have any rights or get custody?
Submitted: 9 years ago.
Category: Family Law
Expert:  JD 1992 replied 9 years ago.
It is unlikely, but not impossible. A person can claim "standing" in most, but not all, states to request access to a child if they have had "substantial contacts" with the child and the court feels that granting the access would be in the child's best interest. An example might be where a non-biological father has been with the child since birth and the child is now 12 and the man is the only father figure he has ever known and expresses a desire for visitation.

There is no provision for child support from a non-parent with access.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Always feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.
Customer: replied 9 years ago.
Reply to Texas Atty's Post: What about custody?
Expert:  JD 1992 replied 9 years ago.
Possible, but extremely unlikely if the mother does not have anything terribly bad that would justify removal of the child.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Always feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.