What to do if my son’s biological agreed to sign over his rights to my soon-to-be new husband but has now changed his mind?

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What to do if my son’s biological agreed to sign over his rights to my soon-to-be new husband but has now changed his mind?

He is also pursuing joint custody after choosing not to be in our son”s life for the past 3 1/2 years. My fiancé has been around and filling the father position for my son. Does my son’s biological father have a chance? How can I prevent my ex from walking into my son’s life so suddenly. It has been his choice to not be around. I have never denied him visitation but now I feel it is not in my son’s best interest to deal with this. I feel my son’s biological father is doing this out of spite because I am getting married not because he cares about our kid. Our son will be 4 years old next year. He has met our son twice.

Asked on October 15, 2012 under Family Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is no easy way to give guidance here.  It is going to be a battle and you need to prepare for it.  You need to seek help from an attorney in your area as to the law in your state on termination. Understand that court's support a parent's involvement in a child's life even at this late stage of the game.  You and your son are lucky to have your fiancé around an that relationship will continue to flourish and grow in spite of what happens.  And remember: with custody comes support.  Good luck.


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