they have a child together and his wife has threatened my friends child. if my friend were to have a dna test to prove father. how can she keep her ex and his wife away from the child? The father has never paid anything for the child and she works very hard to care for her child. Any advise on legalities would be appreciated.
2007-02-06 11:10:10 · 16 answers · asked by confused? 1 in Family & Relationships ➔ Marriage & Divorce
My friend isnt interested in getting money from her ex. All she would like is for him to be honest about their relationship and the child they do have together. this man has even gone as far as to slander my friends good name, and let his wife report my friend to social services. She has no independant witnesses of these occurances and it is wearing her down mentally
2007-02-06 11:22:47 · update #1
If the wife has threaten the child then she need to get a communicating a threat taken out on her. That will get him least supervised visitation If the wife is found guilty. She can also show the court that he has no interest in the kid by reporting no support at all.If also, she can prove that he is slandering her name ( with the intent of malice) then she can sue him.My ex husband and his mother did the same thing to me. I told just him, because I knew if I told him it would get back to his mother also. If I hear one more lie or if my kids have to hear one more derogatory thing you have to say about me I'm hauling all of your a**es to court.Sometimes she have to make a notice like that. The courts will not allow him custody. It almost take an act of God to get a kid taken away. You have to be a sorry mother before they do that. Tell her to talk with a lawyer about the abuse that both she and the child have suffered and see what they can help her with.
2007-02-12 19:00:35 · answer #1 · answered by Go GO Ressa 5 · 0⤊ 0⤋
The guy's wife has no legal role in this business, which is between the possible father and the kid. If you have evidence to believe he is the father, petition the court to force a DNA. His wife can't stop that. If she steps beyond reasonable, you can petition the court on a restraining order as well. The court will impose a child support order on the father as well as visiting right (which you can't stop). But if the father's wife threatens the safety of the child, then the visitation can build in some kind of supervision, or not at their home, etc.
You deal with emotional stuff with coolness and play by the book. You don't give the other side reasons to make you look bad in the court of law
2007-02-06 11:59:11 · answer #2 · answered by Sir Richard 5 · 0⤊ 0⤋
There is very little that can be done effectively until a court has jurisdiction over the situation.
First and always, file for support right away. that court will then be concerned with everything regarding the child's welfare. The court will order the DNA test, he will probably pay for it.
That court will review the situation and can order his wife not to contact you or the child if it is a detriment to the child. If she continues, the court can jail her.
She may not want money now, but times change, if she wants it in a few years, it will be more difficult.
Do it now. Once it's in court, there's very little he nor his wife can do with impunity.
A good book: Condoms, Bras, and Straightjackets. Not a typical self help book, but a lot of concentrated information to think about
I forgot, the petition to the court can request the court to find paternity, order support, deny visitaion, and restrain the wife all at once.
Get a lawyer...don't delay.
2007-02-06 11:54:49 · answer #3 · answered by mt_hopper 3 · 0⤊ 0⤋
I would advise a paternity test. That would shut the wife up, and let her know what a liar and cheat her husband is. Laws are different in each state, but if you file for welfare, I think the state would make him take the test. I know you said she doesn't want his money, but if something happened to her, don't you think this child deserves everything it can get? Once paternity is established, she can then have the payments stopped. I would also try to get whatever this woman says or does on tape. Show that to the police. She needs a paper trail and evidence.
2007-02-12 03:37:08 · answer #4 · answered by ? 5 · 0⤊ 0⤋
tell her to file harassment charges with the police as well as get an order of protection. also get a DNA test to prove to the wife ( i bet that will shut her up) and then have him sign over his parental rights. also if she wants child support she can also file for that and they will make him pay for the test Court ordered. if he is proved to be the father both him and his wife will have to pay child support court ordered and it will be 15 or 20% of there combined income. $200 a month will be the least amount received if there both working, make him pay. PAY BACKS A B***H
2007-02-12 18:18:17 · answer #5 · answered by tired22 2 · 0⤊ 0⤋
go to court and request a DNA. that will shut the both of them up. the wife is in denial on what really took place and i can tell it by her actions. once it is out of the open it could in two ways.
1) she will be so embarrassed that she will have to think twice on who she married.
2)he will have to pay for all the pain him and his wife caused the child.
please tell her do not let those two idiots put strain on her. if she does have a problem with threats call the police. it is already reported that social services were involved because of them. and there is continual harassment on their part. good luck.
2007-02-06 12:12:13 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Your friend could take a DNA test to prove he is the father. I don't have that much sympathy if she was sleeping with a married man and knew he was married though. Keep away from people in relationships.
2007-02-06 16:47:01 · answer #7 · answered by SR13 6 · 0⤊ 0⤋
He needs to see an attorney about visitation, custody and child support payments. He can't ignore this- it's a problem he helped to create my not seeking a formal resolution.
But to be honest, your question is convoluted- I don't know who's the child's father, friend, ex, ex partner or wife!
2007-02-06 11:20:45 · answer #8 · answered by Anonymous · 0⤊ 0⤋
my advice would be to tell her to go to family court and ask for a paternity test to prove paternity. once this is done there will be no question as to who the father is. tell her not to let what people say about her weigh her down, keep her head up and keep taking care of herself and her child. the wife will realize who the butt is when the test comes back, she won't even have to say a word.
2007-02-13 09:45:51 · answer #9 · answered by essencepleasure 2 · 0⤊ 0⤋
Have the DNA test ran, and if he's the father have him sign over all of his parental rights to the child.
2007-02-06 11:20:30 · answer #10 · answered by Ella 7 · 0⤊ 0⤋