My husband was previously married and his ex-wife had an affair and told him he might not be the father..so they seperated. She put his name on the birth certificate anyway. Now his wages are being garnished for a child that is not his. He has two other children by her that she has not allowed him to see. He attempted to call and make arrangements with her for support or even just gifts but she refused and denied any contact on the court papers. We can't afford an attorney...is there anything we can do to stop paying for her affair and have visitation with the other two?
2006-12-14 13:52:54 · 9 answers · asked by Alesha G 1 in Family & Relationships ➔ Marriage & Divorce
You really don't need a lawyer to file for shared custody. You can go to the courts and they can give you advise as in to what to bring to the hearing. the information is actually free and sometimes there are lawyers who do pro bono work (free). Look in your local yellow pages and see or again ask the courts if they do have any suggestions on that. But filing doesn't need a lawyer because even with a lawyer, the hearings are based on space and time the judge has. So try it on your own. it might be a headache because family courts sometimes are time consuming.
2006-12-14 14:01:30 · answer #1 · answered by africangirl 2 · 0⤊ 0⤋
You stated that he has two other children with this woman. What makes you think that he is only paying for the one which you stated may or may not be his. You married a man who came complete with a family. What right do you have to wish poverty on these children???
She has no right to withhold visitation. You can file in family court for a DNA test, you will most likely pay for it yourself. At the same time ask the judge for the visitation she is withholding. In a lot of state if you are legally married at the time of birth then your husbands name goes on the birth certificate automatically.
You have a life time of dealing with the issues which arise from your husband previous wife and the children of that union. Please don't take it out on the children,.... what a crude way of describing a child , since that child may indeed be his.
If she was awarded child support then your husband would have had to appeared in from of the judge already, he had amply time to dispute the third child as his, but apparently didn't. It leaves me wondering who is complaining more about the situation.
2006-12-14 14:09:54 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If they were married (even though they were separated) he was the legal father and his name automatically went on the birth certificate. There was a time to dispute paternity, and that time was during the divorce process. In MOST states, if you don’t dispute paternity during the divorce process, you’re scr*wed, because you're not allowed to go back later and do it. There are a FEW states (Arkansas, for example) that will allow an ex-husband to dispute paternity and be relieved of future child support payments if a DNA test proves they’re not the biological father, but I’ve never heard that Indiana allows that, which of course, doesn’t mean that they don’t (but I doubt it). I know you said you can't afford an attorney, but hubby REALLY needs to talk to one. See if you can find one who will give you a free consultation (many do).
2006-12-14 15:33:09 · answer #3 · answered by kp 7 · 0⤊ 0⤋
Is there PROOF that this other child isn't his? If not then since he is on the birth certificate he is considered the father. Until he can proove that he isn't the father he will have to pay child support. The only way to get out of it would be to hire a lawyer, serve her with papers demanding a DNA test. If you can't (or won't) get a lawyer then he'll have to keep on paying.
2006-12-14 14:02:03 · answer #4 · answered by Anonymous · 0⤊ 0⤋
he can demand DNA testing, doesnt matter whos name is on that birth cert. i would, just because i would want to know. your well past the affair issue, but the child is still there and has a right to know too.
call and make arrangements my azz, get a court order and she HAS to comply on any court order or his visits.
every state is different, so your best bet is to contact legal aid office in your state. they are in most counties too. it should be in your phone book, but if not, call your county court clerks office and ask if they have the number. they go on a sliding scale, so its free to most.
here are some links that may help, just click on your state and go to the child support/custody section.
2006-12-14 15:47:45 · answer #5 · answered by Yvette B yvetteb 6 · 0⤊ 1⤋
I personally am not familar with Indiana law but there are fathers rights groups in most states that can help. check the below sites out.
read all of these sites and get input from other parents. He should be able to get free information on the law on child support and visitation rights.
He probly could get information cheap from a lawyer maybe even a free consultation to find out how much it would cost to remove child support on a child not yours, and every state gurantees you visitation rights.
Did he go to court during the divorce and attempt to get visitation and have the child tested for parental proof.
Your only chance is probly a lawyer. BUt read up on the law oir go to a judge and ask his help. ask him ot expalin how you cna be forced to pay for another mans child and not see his children
I think you have a good case and possibly might be able to petation the court yourself to reconsider the ruling.
Best of luck
Indiana Civil Rights Council (Welcome)
... for the RIGHTS of children to two EQUAL parents, and the RIGHTS of BOTH parents ... (Enter here) Welcome to the Indiana Civil Rights Council. ( Enter here) ...www.indianacrc.org/index.html
Fathers' Rights and Equality Exchange (FREE)
Nonprofit organization dedicated to the premise that parenting is a 50/50 proposition between mothers and fathers.
Category: Fathering Organizations
Boone County Fathers
Based in Central Indiana we provide local resources and also information ... is an Indiana-based, statewide Parents'/Children's Rights advocacy group, whose ...www.boonecountyfathers.org
Fathers Resources in Indiana
Help for fathers living in Indiana looking for support, information on family law, and other resources. ... of The New York Times Company. All rights reserved. ...fatherhood.about.com/od/indiana/Fathers_Resources_in_Indiana.htm
Fathers' Rights
... for single fathers, and those seeking custody, visitation rights or modification ... give all non-custodial parents in Central Indiana a place to vent their problems ...w.webring.com/hub?ring=thunderwerks
(check with others who faced the same problems
Indiana Civil Rights Council (The Hot Issues)
... for the RIGHTS of children to two EQUAL parents, and the RIGHTS of BOTH parents ... also as a tactical legal "blame" advantage over fathers in custody battles. ...www.indianacrc.org/hotissues.html
www.dadsrights.org
2006-12-14 15:08:54 · answer #6 · answered by Anonymous · 1⤊ 0⤋
He can get a visitation order thought the courts.
2006-12-14 14:19:17 · answer #7 · answered by Jennifer D 5 · 0⤊ 0⤋
he can petition the state for a paternity test. The loser of course has to pay for it. If its his he pays, if not she pays. Visitation on the other two should have been established during the divorce.
2006-12-14 13:57:16 · answer #8 · answered by Anonymous · 1⤊ 0⤋
im not sure about the law but it seems she would have to be the one to prove hes the father, not the other way around, but i guess youll just have to get a dna test done, i think their kind of expensive though
2006-12-14 13:57:34 · answer #9 · answered by ? 4 · 0⤊ 1⤋