Q: Can my son's biological dad go to court for rights and visitation if he isn't in my son's birth certificate?
He never wanted the baby, then i got married and my husband recognized my son as his own, so legally my husband is my son's dad.
A: Though a child born during a marriage is presumed to be fathered by the husband, this is a paternity question which biological father may be able to bring forward
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A: If by legally you mean that your husband adopted your son and your husband's name is on the birth certificate, I don't think the biological father can do anything because he would have been notified about the adoption. If your husband isn't on the birth certificate then the biological father could still establish paternity through a DNA test that would be handled by the Department of Revenue Child Support Enforcement Division. It would obviously depend on your situation so it would probably make sense to speak with an attorney and they should be able to tell you more based on your specific situation.
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