My husband's ex had 3 kids which she claims 2 of them are his, but she doesn't have custody of them 2, her mother has had them for about 5 years,he has court next week, in which he will ask for a dna test, but all they want from him is just money they don't want him to part of them at all, they dont want him to see them or anything just to collect which i think is unfair, my question is, can he get custody of those kids?Also we live in different county's in florida like 8hours away we couldnt get a lawyer, cause we dont trust them specially if we cant see them and we are too far from that county, another thing we have 2 kids of our own too.
2007-03-20 09:20:10 · 12 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
how can we sue for custody and does the attorney have to be from there county?
2007-03-20 09:28:12 · update #1
also i forgot to add, at first when they split he tried to be there for them but she would push he away, by telling him that they weren't his.
2007-03-20 09:32:47 · update #2
Yeah, if it shows he is the biological father than he has right to fight for custody. I don't know about florida but in my state it takes 6 weeks to get a dna test back. So its going to be a long battle.
2007-03-20 09:27:51 · answer #1 · answered by Anonymous · 1⤊ 0⤋
A Florida attorney can practice all over Florida. To gain custody of those kids, you would have to prove the mother unfit as in child or drug/mental abuse. She is sueing for child support which chances are good she will get but dad will get visitation rights, which will be enforced by the courts if she refuses to abide by the judges orders. Unless she can prove a really good reason for not allowing dads visits. They will have to prove why after 5 years they want support. If the kids can reasonably answer the judges questions you can ask the judge to allow the kids decide who they want to live with. Worth a try. In addition to my opening sentence the attorney doesnt have to be from the county where the lawsuit was filed, but there is a good chance you guys may have to travel to the county where filed for the court date. Good luck
2007-03-20 09:41:01 · answer #2 · answered by Arthur W 7 · 0⤊ 0⤋
You need to get a lawyer regardless. Don't use the reason that you don't trust them. You and your husband are not skilled in the laws of your state and county therefore you need one. He can sue for custody but once again, a lawyer would help out with that. You have a 50/50 shot .... the kids may not even be his.
Good luck!
2007-03-20 09:29:20 · answer #3 · answered by Raspberry 6 · 0⤊ 0⤋
Once the DNA test is done on all 3 children he can motion the court for custody of them but she will be allowed visitation at least once a month, if he gets custody she will have to pay child support if he loses then he will have to pay support but he will also be able to have visitation. Theie is a chance he can get the kids, but has he had any contact with the children since he has been split up with the ex?? That is also a factor that the judge will look at, his interest in the kids since the breakup.
2007-03-20 09:27:28 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes, he can sue for custody. You need to make the effort to find an attorney.
2007-03-20 09:26:53 · answer #5 · answered by Stitch 3 · 0⤊ 0⤋
Write a letter on your ex (return receipt is terrific) declaring that your courtroom order states which you have possession on that weekend. Be civil yet sparkling that she has threatened to disclaim you your visitation. State specially what time you would be there to p.c.. up the toddlers and which you assume her to abide by utilising the Order. while you could't MAKE her be there, I extremely have got here across that a sparkling message, in writing, many times does the trick. If it would not, you have a case for contempt yet courts many times won't act until eventually there's an prolonged-term, pervasive abuse of the Order. that's unfavourable on your toddlers to have police escort them from their domicile. whilst i like and omit my toddlers whilst they're at their father's, i might in no way choose them able the place they experience volatile or like there grow to be that kind of hatred between us.
2016-10-02 11:20:38 · answer #6 · answered by ? 4 · 0⤊ 0⤋
He could sue for custody....but he would need a good attorney....you have to trust somebody.
2007-03-20 09:23:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋
IF he IS the father, his attorney needs to file a motion for custody.... he can get it since he is their dad...
2007-03-20 09:30:36 · answer #8 · answered by bronzebabekentucky 7 · 0⤊ 0⤋
Darn trust the lawyer its not like your in a 3rd world or anything you don't have to see them face to face they will do there job or get bard
2007-03-20 09:27:52 · answer #9 · answered by Anonymous · 0⤊ 0⤋
EXCUSES EXCUSES.....all of it. If those are his kids, he should take whatever measures he needs to become an active parent in their life. So what if you have two kid together, what, you don't have any more love left in you? Shame on both of you, continue to make excuses, it's easier emotionally and financially.
2007-03-20 09:32:48 · answer #10 · answered by reddevilbloodymary 6 · 0⤊ 0⤋