and now after 5 years the father the biological wants them ,can he take it away from me ,i am living in minnesota
2006-11-17 16:58:23 · 15 answers · asked by marco 1 in Family & Relationships ➔ Marriage & Divorce
he will get visitation and have to pay child support.
unless the mother is unfit they will stay with her
2006-11-17 17:23:27 · answer #1 · answered by nicname 5 · 3⤊ 0⤋
First question are you on the birth certificate? Secondly has there been a paternaty test done? As for the courts if it is proven that he is the father he will more then likely have visitation rights, but he will have to pay child support and even back child support. As for him wanting to take the children away from you, if the mother is gone he has that right. If the mother and you are still together then he has a slim chance of removing the children out of there enviroment and giving them to a stranger they do not know. He would have to prove (which is not easy believe me) that you and your wife are unsuitable parents. The courts do not want to take the children away from the mother, unless he can prove she is unfit. Even if you all was on welfare that is still not grounds of being unfit. They will take into consideration of why he it has taken him this long to come forth to claim his kids. If he has neglected them this long, why would he want them now. I was on welfare and living in a HUD house and going to school and had two other kids, but the father could not prove i was unfit. Once he got visitations rights he saw him for 1 yr and has not seen him since in 7 yrs. His choice.
2006-11-18 01:27:10 · answer #2 · answered by Rigssy 2 · 0⤊ 0⤋
WOW sorry to hear that you are going through such a crappy deal. I am not sure about the laws where you are, but here in Calif. if the biological father wants his kids he has every right to them they are his kids and because the mother lied is not his fault, the only ones that do get hurt in this situation are you and the kids, sorry to hear that. Maybe not sure of the situation, but if the biological father doesn't mind you being a part of the kids life still that way you don't lose all contact with them and they will have you in their lives. I wish you the best of luck.
2006-11-18 01:27:10 · answer #3 · answered by melissa052572 3 · 0⤊ 0⤋
Did he know they were his all that time? If you have been their Father for 5 years and they know only you as their Father, it'll be tough on the kids, if he attempts to take them. Do you still plan to be their Father,even though they are yours biologically? The laws are different in different States I guess. You should get some legal advice and find out what you are up against. Good Luck.
2006-11-18 01:19:06 · answer #4 · answered by frustrated 3 · 0⤊ 0⤋
If they were born while you were married to her - it is assumed they are yours- it would probably have to go to court- and if you are the only dad they know- they should stay w you and the mom anyway- I think the judge would agree- does the mom have custody?? or ?? D
2006-11-18 01:01:15 · answer #5 · answered by Debby B 6 · 1⤊ 0⤋
What does the mother of the children have to say about all of this?
2006-11-18 01:00:16 · answer #6 · answered by Liz 7 · 0⤊ 0⤋
Depends on the state...some states you have rights over him because your married to the mom
2006-11-18 01:22:41 · answer #7 · answered by Stephanie 3 · 0⤊ 0⤋
Yes because the court system is not sensitive to all of this.
2006-11-18 01:01:51 · answer #8 · answered by youngpoet_33 2 · 0⤊ 0⤋
Is your name on the Birth Cert? That might change things...not sure though.
2006-11-18 02:01:08 · answer #9 · answered by 2Bme 4 · 0⤊ 0⤋
he is the biological father
2006-11-18 01:15:16 · answer #10 · answered by anna 4 · 0⤊ 0⤋