Mcminnville, TN asked in Family Law, Adoption, Child Custody and Child Support for Tennessee

Q: Can I get rights to the son I have raised and have full time his mom gets him on weekends. Biological dad is not prsnt.

My ex (also mother of my child) had a son before we got together. His biological father has never been in the picture, but is on birth certificate. Can I ever give him my last name or get rights of some sort for him? He doesn’t understand why my daughter and wife (not his mom) can have my name and he can’t. I am the only father he has ever known and he calls me Dad 90% of the time. By choice. I don’t want to take custody or rights from the mother, but I can’t even take him to a doctors on my own, his mother lives 2hrs away. She has said she will sign Any paperwork I bring her, but she won’t do any of the leg work. I have had him for 4 yrs no contact from the biological father he is in and out of jail. No idea where he is now though.

2 Lawyer Answers
Marjorie A Bristol
Marjorie A Bristol
Answered
  • Family Law Lawyer
  • Goodlettsville, TN
  • Licensed in Tennessee

A: You should consult a lawyer. Your situation is complicated by the fact that you aren't married to the mother, but there may be legal options open to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.