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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 >> paternity
Apr 07, 2004

Question:

My ex-girlfriend is claiming that I am the father of her child. While she was pregnant, she told everyone I was NOT the father and that this black man was. When the baby was born, she had this black man sign the birth certificate, named the baby after him, and he visits with the child on a regular basis, even though he had a paternity test and it's not his. She is now saying that I am the father because the baby is white, not mixed. She says she is taking me to court and is going to make me pay back support for this child. She also had 1 other man tested, who happens to be her ex-husband. I know she can take me to court and establish paternity if she wants, but I really don't think this child is mine. But if for some weird chance it is, can she sue me for all of that money even though another man is still on the birth certificate and visits with the child? I also got married 4 months before this baby was born, thinking there was no way this was my child, because she said I wasn't, and now my new, wonderful wife has been going through hell from this woman. She blames everything all on my wife. I don't want my wife going through this anymore. Help!

Answer:

In Indiana you are the legal father of a child if you sign a paternity affidavit. I assume that is what you meant when you said another man signed the birth certificate. He can be forced to pay child support no matter what the dna test results say. That being said if the mother is trying to overturn the paternity affidavit and there is a pending court action you may be compelled to submit to a dna test. Only do so if you are ordered to do so by the court. If the court determines you are the father you will be responsible for paying child support. Under Indiana law child support in paternity actions can be retroactive to date of birth. As a practical matter courts generally only make child support retroactive back to the date the petition was filed. It is more likely to be retroactive to date of birth the younger the child is.

Feb 06, 2003

Question:

I want to file for divorce from Florida but my wife is in Oregon. I recently found out that my son might not be my son so that complicates things. Do I hire an attorney in Florida to do the divorce or do I have to go to Oregon to hire the attorney? Or do I do a paternity test first to make sure my son is mine to so I can hire an attorney from Florida?

Answer:

I cannot answer your question specifically to the laws of Florida or Oregon as I am not licensed to practice law in those States. Get the DNA test. In most jurisdictions if you agree he is your son now in the divorce process you can not later challenge it unless there is fraud. So protect yourself. As far as where to file, how long have they been in Oregon? If it is under 6 months then you may be able to file in Florida still as it is your child's home state. I suggest you seek counsel as you will need to file a Petition for Paternity, DNA testing and custody.

Dec 06, 2001

Question:

I am not married but have been in a serious relationship for 3 years. We have a 17 month old daughter. My girlfriend has had a another relationship for the last 6 months she has been with me. She is now trying to be with me once again. All I am interested in is making sure she cannot bring our daughter into something like this again, which she had brought our daughter into these relationships before, and even used her to get the attention of these other guys. I got her to agree to Voluntary Termination of her parental rights. How do I go about taking care of this? I want to jump on the ball before she changes her mind. With this I can still give our family another chance but not have to worry about her making the same decisions and taking out daughter away from me in the process.

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Washington. At this point, you are not the legal father under any Court Order, based upon the information you have provided. With that assumption, I would say that you need to file for Paternity and Custody. Within that action ask that her rights be terminated. Each jurisdiction has very different rules regarding how to terminate parental rights, so I suggest you speak to an attorney immediately.

Nov 29, 1999

Question:

Here is our situation honestly and briefly: My husband has a 5yr old son born when he was 19yrs from a one night stand. Paternity was proved when his son was 6months old and he has faithfully paid CS ever since. He and his ex have never liked each other much. She was 16 when my stepson was born. She has always viewed him as HER child only. After she got her child support order she started moving around. My husband lost contact with her as a result of this. They were never married and she didn't put his name on the birth certificate so even though he had a CS order he had to go to court to establish legitimization and visitation. He was unable to do this until he could locate her to serve her papers. She has never held a job so this wasn't easy. He finally found her by a fluke a year and a half ago and started visiting at her convenience for about 6 months until she disappeared again. We simply went to pick him up and the house was empty. My husband hired a PI and located her again about 4 months later and finally got joint custody, legal paternity and visitation established in December. My step son loves my husband and they have become close in the time they have. His mother is living with a man 12 years older than her (not married) and has had 2 more children. Collectively together they have 5. He operates a forklift. They move constantly (about every 6 months). She is a dropout and she has never had a job. No one in her entire family has graduated high school. She draws welfare and medicaid and has for the last 6yrs. My husband and I are more than financially stable and are business owners. I am finishing my Master's degree and am going to be a teacher. We would like to get custody and have been keeping a journal recording all visitations, etc. Any advice or anything else we should be doing?

Answer:

It appears that you are doing what is necessary to help establish a case. Make sure that your husband takes all the visitation ordered by the court and as much as possible that is agreed upon beyond the court order. He should make sure he attends any school functions and is involved with the chlid's extracurricular activities. Keep a close eye on the child's grades when that becomes an issue. If the child is not progressing in school or his discipline problems, that maybe a good time to file for custody. Have a PI check the back ground of the mother and mother's current boyfriend. I suggest doing that every year. Finally, make sure that the child support is current when you file for modification.

Nov 29, 1999

Question:

My significant other and I have been living together for 10 years. We have a house but it is in her name. However, I have been paying the mortgage for years. We are about to break up and I want custody of my son. Can I ask for the court to distribute the property as well? Thanks in advance.

Answer:

In order to get custody of your son, you will need to file a Paternity action in your county. This will only determine custody of your son and child support. You can not request a division of the property in this proceeding. The only option you have is to file an action in equity court to attempt to have any portion of the house you are entitled to.

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