Q: My ex-wife says she’s going to get her new husband to adopt my son and has stopped my visitation rights
My ex-wife has called and said that I am no longer getting visitations with my son she is saying that my son is someone else’s child and that she’s going to adopt My son to her new husband who just last month , she had called and made me pick up my sons because her Was abusing her where do I go from here to get my visitations and to make sure my son is OK
A: If you have a judgment with a parenting plan, you can file to enforce the parenting time order. If you were married when the children were born, or if you divorced and your children were born within 300 days of the termination, there is an automatic presumption that you are the father of your children. However, if she can prove that you are not actually the father, the presumption is rebutted and she can disestablish your paternal rights. If she cannot prove that you are not the father, your parental rights remain intact.
In the event that she is able to disestablish your parentage, you can file a petition with the court asserting your rights as a psychological parent, or a person who has developed significant parental ties to the children. If this is necessary, the court has the ability to grant custody, guardianship, or visitation to you.
In the alternative, if you believe the children are in immediate danger, you can file a motion for temporary custody on the basis of immediate danger.
Finally, step-parent adoptions generally are not granted without the consent of the biological parent. Consent is not needed in a variety of settings, but the most common is abandonment. It can also change depending on the age of the child, your mental capabilities, and if DHS is involved. Therefore, you should have an opportunity to challenge the adoption.
I am available if you have further questions.
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