Is There Anything I Can Do to Gain Rights to a Son Who is Not Biologically Mine?

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“I met a girl who was 3 months pregnant, and was smoking meth “crank speed” every day from day 1. her mom threw her out, and the biological father offerd her money to have the baby “TAKEN CARE” of. When her mom heard the news, she threw her out of the house… I then took her in, and made sure she understood how the drugs was going to affect her baby in a negative way. I assured her that I wanted the baby as my own, and did the right thing according to my beliefs. I asked her mother if I could marry her, and told the “sperm donor” that if he did not want the child, I would raise him as my own. (To wich he agreed.) I made sure she had everything she needed, and went to every doctors appointment she had. I kept her drug free for the duration of the pregnancy, and after Max was bore, I made sure he was in perfect health till he turned about 15 months of age. She told the people that I was the biological father, and I agreed. We then decided on a hyphenated surname. (Maxwell hersurname-mysurname) And that would then later become our surname when we got married. After 15 months, she got the first child support payment, and she decided that she wanted to move back to her mother. She then gave my ring back, and left with the child I considered to be my own. Now I don’t even get to visit him. Is there anything I can do to legally to get visitation rights? And if not, is there any way to try and get back any of the finances I have spent on the child.. not that I would want the money, but exchange it for some visitation time.”

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Unfortunately, at least if you are anywhere in the U.S. there is very little recourse that you have through the legal system. So far as the laws are concerned, you have zero legal rights to a relationship with the child. The one thing which comes to mind is that you could offer to adopt Max legally – that would get the biological father out of the picture (he would have to agree to the adoption) – and you could pitch it to Max’s mother as “that way I will be the one to pay child support, and really shouldn’t it be me?” The thing to consider is that if you were to adopt Max as his father, you *would* be on the hook for child support, and other obligations, regardless of how good or bad your relationship with his mother.

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Author: House Attorney

A house attorney has answered this question.