Can I Get Visitation Rights to My Ex Wife's Son

[nivea]

My question involves paternity law for the State of: Washington

My ex wife and I have a biological daughter of 8 years. We did not live together since our daughter was 2, but we were still married and I have always visited my daughter and paid child support. During our separation, my ex wife got pregnant by another man who left her and moved to Tennessee and married somebody else, even knowing my wife was pregnant. His son is 5 and he has never visited him or supported him in any way. His birth certificate is blank for the father section. I have been the closest thing to a father he has ever had. He usually comes along with my daughter to visit me, but he knows I'm not his dad, he calls me by my first name.

My ex wife and I had our divorce finalized 2 months ago. There was no mention of paternity for her son, and he wasn't even mentioned in the divorce paperwork at all. I was reading about how I was by law his father because he was born into my marriage. But I'm not sure if a long separation changes that or if it's too late because the divorce is finalized. My ex wife has a plan to go after the father for child support when her son is much much older. She doesn't want him involved at all because he is an alcoholic and a shizophrenic and let's just say he'd be a horrible influence on his son. He is actually disabled now from a gang fight and doesn't work and lives off SSI.

So the thing is I feel really bad for the boy because he is one of those boys who really needs a father. Since the divorce, I have not been able to see him much and my ex wife isn't keen on letting me play a father role. I am not financially stable myself and I'm in drug treatment so it looks bad. But I have a very good relationship with both my daughter and the boy. He enjoys spending time with me. I have never hurt them or threatened them and my ex wife knows this.

Could I get a visitation order for the boy? If I can't, will the courts require his bio father's paternity be established?

[Mr. Knowitall]

Apparently you and your spouse made the deliberate decision not to follow up on the presumption of paternity by having your name added to the child's birth certificate, and you both again made the conscious decision in your divorce to treat the child as though he was not the issue of the marriage and to exclude him from any claim for custody, visitation or support. If you want to try to revisit that history, I suggest consulting a good family lawyer in your state, as it sounds like you've probably closed the door.

[Dogmatique]

And Mom can't have it both ways - if she wants bio Dad to be paying child support, he will (if he wants) have access/visitation with his child.

I'm reading WA differently from MKIA; while it's true the OP doesn't appear on the birth certificate nor was the child discussed in the divorce action this doesn't (in this fun state, at least) mean that paternity has not been legally established. If anything, the presumption of paternity might just be solidified because it wasn't challenged as part of the divorce. (In which case OP can seek a visitation order).

I do agree that OP needs to speak with a local attorney.