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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> multiple fathers
Nov 05, 2008

Question:

My wife and I have been married for 8 yrs. and it looks like it may be coming to an end. She has two children from a prior relationship that I have raised as my own. We also have one child (5 yrs) together. After splitting with her ex-boyfriend and the father of the two children, she told their natural father that the girl was not his (even though it was) and after leaving, changed her son's name and had a false Social Security Card made up to prevent him from finding them. She also gave the State a false name when she applied for State assistance. A couple years later, she slept with one of her brother's friends and got pregnant. After giving birth, she gave the baby up for adoption and never told her brother's friend that she had his baby. My fear is that if we do get divorced, that she may try to pull something similar with me. Can this information be used in court if it comes down to fighting for custody?

Answer:

I cannot answer your question specifically to the laws of California as I am not licensed in that State. Generally pre-marital issues are not relevant to the divorce. The court will often view the premarital issues as something you should have known and considered prior to marriage and then prior to having a child with the person. If the issues were hidden from you there is more of a chance to put the issues before the judge. If you are allowed to put the issues before the court the facts presented appear to show a pattern of minimizing the role of the father in her children's lives. That is often a factor in custody disputes.

Nov 29, 1999

Question:

The child's father and I went to final trial and he doesn't want me to move to different state. We had a GAL and she wrote in her statement that she felt that I was moving with bad faith motives but I was moving to better my child's life and mine. Will they make me stay if I have already been here for two and a half months with a job and apartment not to mention that my other child's father lives here and been here for two years. I even said that my child's father can have all the summer plus rotating breaks but he said no.

Answer:

I cannot advise you with regard to the laws of Illinois as I am not licensed in that State. I am a little confused on the facts presented in your question. In particular when did you move, where did you move from, was the relocation addressed by the court the "final trial", did either party file a motion to modify or motion in opposition to your relocation, what is the current court ordered custody schedule for the father? If you relocated without permission of the court and the father has a pending motion regarding custody and against the recommendation of the GAL, you need to be concerned that the court will order you to move back to your prior area or in the alternative will change the custody of your child to the father.

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