confused

[fishman]

I'm divorced,,have joint cousty of 4 1/2 and 2 1/2 y/o boys, but boys live with me 98% of the time. 4 1/2 son was born to me after mother and i married in dec 2003, he was born in jan 2004. i signed birth cert, and he was born with my last name, she was 4 months pregnant when we met. at divorce, judge gave me all legal father rights to my son. he's 4 1/2 y/o, know the dna daddy,,,(sleep with my ex once, got her pregnant, didnt know she was pregnant),,,filed papers for full cousty of my son,,,,,what rights do i have ,,,i've been daddy since before his birth.

 

[irish223]

what rights do i have

You answered your question right there:

have joint cousty of 4 1/2 and 2 1/2 y/o boys... judge gave me all legal father rights to my son

Since your son was born during your marriage, he's legally your son. Only the biological father can question paternity at this point, and there is no guarantee that he would be allowed to do so.

 

[Duranie]

It depends on what state you are in but it sounds like the 4 1/2 yr old is legally yours. If you were married at the time of birth it makes you the legal father unless paternity gets disputed in a timely manner. not sure whether this other guy has any case at all or whether or not a judge will even allow him to establish paternity this late in the game.