My wife and I have only been married a year and a bit and 'our' son Was born in Early October 06. Last week she told me she couldn't do this took our son and left me. Me, unaware, thought our relationship was good and didn't understand what she 'couldn't do' this was untill, I later recieved a TEXT message off her saying the child she gave birth to wasn't mine, that she was sorry but she was racked with guilt & couldn't be with me. My son (i still see him as that) means the world to me and we'd always wanted children it was a blessing, this has really has ripped my heart right out.What can i do in this situation. Do i have any rights at all. Although it hurts i asked for a paternity test and that is pending the 'other' man. What can i do? I can't just walk away and say oh well he's not mine, thats MY LITTLE BOY.
I'm on the birth certificate, I chose his him name. Any rights?
So for dribbling on, Just...Grr.. you know how it is.
2007-01-04 02:24:29 · 31 answers · asked by Anonymous in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
If you are on the birth certificate you have rights. She can get them taken away from you if she dishes out around a thousand bucks for a lawyer who gets her a court ordered paternity test. If you had sex with her the month she got pregnant and she hasn't gotten a paternity test proving it is the other man's baby, there is still a chance you are the father. Do you want her back? Maybe she is deep down a good person. A bad person could live with the guilt. You may even have some rights even if she does take you to court. Right now you could go and file kidnapping charges, and the courts would probably hand your son over to you. Are you sure she wouldn't let you see him? Some judges would see you as stable and allow you visiting rights even though you aren't his biological father. Call a lawyer, most lawyers have free consultations where they discuss your options. Good luck to ya!
2007-01-04 03:16:48 · answer #1 · answered by Pregnant with Baby #2 6 · 1⤊ 0⤋
You do have rights! If your name is on that birth certificate then you have a standing in court. Contact a family law attorney as soon as possible and find out how the courts in your state generally rule. I know that some states consider the person on the birth certificate the father even if paternity testing determines otherwise!
I am so sorry that she has done this to you! Not all women are like that! Keep your head up and know that you do have a chance!
2007-01-04 02:41:42 · answer #2 · answered by me:0) 2 · 0⤊ 0⤋
Bless your heart! I hate that this is happening to you. I don't understand what you mean by the paternity test is pending on the "other man". You should legally be able to have a paternity test done immediately. In the eyes of the government, your son is your son. The "other man" has no rights until paternity test prove him as the father. If I were you, I would demand that a paternity test be done this week. If your ex (?) refuses, you should seek legal help. She also cannot legally seperate the child from you until it is proven that you are not his father. Good luck.
2007-01-04 02:32:01 · answer #3 · answered by sweetiepi44 2 · 1⤊ 0⤋
if your name is on the birth cert then even if it is not your kid, you have the right to a paternity test. Contact a lawyer. They can give you a free consult. That kid could be yours. so don't just give up. If you have had dex over the past year, then there is just as good a chance that it is yours than the other guys!!! don't let her take that child away from you if it could be yours. This is a utah web site, but they could probably re-direct you to a place near you. it is...www.ors.utah.gov
I hope that it all works out for you. It sounds like you are a great father. good luck
2007-01-04 02:35:48 · answer #4 · answered by sr22racing 5 · 0⤊ 0⤋
Oh yeah you have rights. Your name on the birth certificate and you can keep it there if you wish. You already love the boy why not keep it that way. Contact your ex and see if the two of you can work things out despite her obvious cheating(many people do). Tell her you understand but still want to be his father and work it out if you can. She could be wrong but nothing requires you to have a paternity test. I would have the test however if she refuses to allow you access to the child or refuses to consider getting back together.
2007-01-04 02:35:06 · answer #5 · answered by elaeblue 7 · 0⤊ 0⤋
First off - I'm So Sorry - I couldn't Imagine it.
You should have rights - as you said in your eyes it is ur kid
have you talked to ur 'wife'? About everything?
Furst off if it looks like she's getting messy, contact a lawyer and talk laws with him. I've had a friend who went through a similar experience many years ago. Hold in there!, Either way you are a great father! I seem to think most men would shrug there shoulders and walk away from the kid.
2007-01-04 02:51:52 · answer #6 · answered by Baylee_J 2 · 0⤊ 0⤋
well im not sure about laws and all but you can get a court order to do a blood test and find out that way. if your not the father even if you are on the birth certificate i dont think there is much you can do. Just look at the case with anna nicole smith and her drama. good luck with that. I would talk to a lawyer. but be aware its not gonna be cheap. $$$
2007-01-04 02:41:09 · answer #7 · answered by dreamer 2 · 0⤊ 0⤋
If it gets to court for a divorce, you can request a DNA test to determine legitimacy.
I commend you for taking responsibility for the boy and your determination to make sure he stays your son...regardless of the outcome.
If the father cannot be determined if he's not yours..you can petition the court to declare you the father because you are active in his daily life like a father.
But if the father can be found and it's not yours...you may have a fight on your hands....if the real father gives up his parental rights for the sake of the boy and your marriage....your wife should be glad you are not holding any animosity towards her and are willing to forgive.
Good luck.
2007-01-04 02:38:14 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Get a lawyer, sweetie. Even if there is a chance that child is not biologically yours, he is still your son.
Alternatively, perhaps you may reconcile with your wife? You say she left because she was racked with guilt. If you still love her and can forgive her, then maybe you both can work on putting your family back together.
I wish the best for you. Stay strong.
2007-01-04 03:09:04 · answer #9 · answered by Anonymous · 0⤊ 0⤋
wow im really sorry that happened to you. If your name is on the birth certificate you have legal rights to that child...you could take her to court for custody. If the paternity test comes out its not yours, then im not sure what a court would decide.....i believe the realy father (if he wants him) will then have the rights. Good luck to you and i hope 2007 gets better for you
2007-01-04 02:29:20 · answer #10 · answered by Anonymous · 0⤊ 0⤋