My husband had a previous wife who cheated on him. He was in the military and went on a CAX (?spell?) deployment/class. Well, while he was there his wife at the time told him that she was pregnant. Well, she ended up sending an ultrasound picture and it showed the date of conception on the picture. Well, the date was brought to his attention and come to find out she had been cheating on him. They were gonna "work it out" and he assumed the role of father and gave the little girl his last name. When the baby was about six months old, he went on deployment to Japan for 6mos. and came back and she left him without anything but a big debt. Well, she filed for divorce and the only way that my husband would sign was if it stated that he was not to pay child support. So with that I guess he signed away his rights. Both my husband and I want PROOF of the paternity and the ex will not agree for us to even pay for one. ANY SUGGESTIONS PLEASE!!!
2007-05-24 09:10:02 · 33 answers · asked by Miranda D 1 in Family & Relationships ➔ Marriage & Divorce
The reason I want this is because we have a child together and to clear up my husband's name. She has slandered his name everywhere. I would like nothing more than if the child in question is his for him to have a part in her life. The reason my husband wants this is for that very reason as well. He doesn't really care about what she is telling everyone, but does care about the well being of the child. My husband is a good man and at the time of the divorce, she took ALL of his money and left him with 6 mos of unpaid bills, so no he did not have a lawyer. What was he supposed to do then? To clarify something with a few that have responded rudely, I AM NOT NAGGING!!! I don't think that if you were in my position you would appreciate negativity like that. All i want is for the truth and to make ammends if the paternity turns out to be my husband.
2007-05-24 14:30:54 · update #1
Nothing you can do. He's not paying child support. He doesn't see the child his wife gave birth to. What more do you want? Why should the woman do anything for you or her ex if he has nothing to do with "his" child? Move on. Unless you want to waste a lot of time and money in the court system.
2007-05-24 09:14:07 · answer #1 · answered by Anonymous · 3⤊ 2⤋
If the ex-husband has been adjudicated by a court to not be the legal father then you can ask your local family court to order a paternity test. The poster above is wrong - you CANNOT be made liable for child support for the time prior to your being legally adjudicated to be the father. You will, of course, be liable for child support going forward, but you'll also have the right to visitation. The ex-husband sounds like a right piece of ####. He was her father for 7 years in practice even if not biologically, and now he's abandoning her because she's not "his"? The girl needs a Daddy. If you're it then do the right thing. Get the test and step up to the plate. Richard
2016-04-01 06:19:43 · answer #2 · answered by ? 4 · 0⤊ 0⤋
There should be another category within Y!Answers dealing Law.Try that too.I would think if my wife has hesitant in getting a Paternity Test then she is perhaps hiding something.Some Pathology Companies will do tests without the mother's approval.Even a hair strand is enough is some cases.I am sure you can find out by vising some sites on Paternity Testing.You need to explore all avenues with a good Lawyer(Family Law Specialist) if you can afford it.I am just wondering if you have (free) Legal Aid there (A Legal Service for low-income people)?
2007-05-31 04:59:02 · answer #3 · answered by payatstephen 2 · 0⤊ 0⤋
The ex does not have to agree to a paternity test unless the court orders it, and they probably won’t.
Generally speaking, if you fail to contest/disestablish paternity *during* the divorce, you are *barred* from going back later and doing it. The fact that they agreed he wouldn’t pay child support, does not mean paternity was disestablished or that any rights were surrendered/terminated. So, his ex can petition for child support at any time (and will probably get it, because he is the legal father).
I’m assuming he didn’t have an attorney during the divorce. If he did, his attorney was an idiot to let this happen/fail to petition to disestablish paternity. And this an example of why, unless you have the simplest of divorces (no kids, no property, etc), you NEED an attorney.
Tell hubby to talk to a local attorney.
2007-05-24 09:37:47 · answer #4 · answered by kp 7 · 3⤊ 0⤋
This all depends on the state that you live in. If he signed his rights away in Florida to get them back he would have to agree to pay for all back child support. As far as forcing her to do anything you will have to get a very good lawyer. This is what he would face sorry I know your not nagging its just the truth. His name was on the birth Cert. He knew there was a good chance of the said child being his. Instead of fighting for said child he gave said child away. Now just because of some rumors and what your new wife thinks you want to clear your conscience. Please prepare the two of you for questions like this in order to get this child back into his life. You have to go in like the child is his, not the well I think the child maybe mine. If you go in with that the court will not give you the time of day.
2007-05-29 14:33:52 · answer #5 · answered by flateach33 3 · 0⤊ 0⤋
I would present the judge with the ultrasound photo and anything else you might have that shows reason to doubt the baby's paternity. Make sure the judge knows that, if it is found that your husband is the father, he has no problem providing support. But just remember one thing...this child only knows your husband as her father. Would this DNA test really change your husband's feelings toward this little girl?
2007-05-30 16:13:15 · answer #6 · answered by Anonymous · 0⤊ 0⤋
The ex wife left a clue..... if she thought the girl was his, she would insist on the test in order to get the child support.
As for your husband, he needs a lawyer. No other way. Find a good lawyer who specializes in this sort of thing. If you cannot afford one, maybe this isn't all that important after all...
2007-05-30 08:05:56 · answer #7 · answered by JustAskin 4 · 0⤊ 0⤋
Get a lawyer and sue for a paternity test. Your husband will have to spell out his reasons for wanting the test like I want visitation if it's my child. Only a judge can make her have the test done.
2007-06-01 01:23:11 · answer #8 · answered by Holly 2 · 0⤊ 0⤋
Why do you want proof? If he signed away his rights and don't pay any child support, then that is that? The ex is covered under the right that he signed his rights away and therefore she doesn't have to comply to a paternity test. Of course you could consult a lawyer but I really don't think that there is anything that can be done legally. Please, specify the reason you want the ex to comply to a paternity test? You say it yourself the proof shows that she was cheating on him.
2007-05-24 09:30:45 · answer #9 · answered by stepintostep 4 · 1⤊ 1⤋
The ex doesn't HAVE to agree to a paternity test since your husband already singed away all parental rights to the child. He has no rights at all regarding this child. I suggest you forget about it and move on. There is nothing left to do. The child isn't his child period.
2007-05-24 10:06:16 · answer #10 · answered by Anonymous · 0⤊ 0⤋
No, your husband if fact did sign away his rights. I have a question; was his name of the birth certificate? Because, if he was the father or record, this woman could come back on him for support, for the child and maybe even herself, if something happened to her. I would let it go and move on, as nothing but expense and personal grief will come from pursuing something let you suggested. It is obvious to me that he is not the blood father, and you both need to concentrate on your own family, and each other.
2007-05-31 11:00:13 · answer #11 · answered by H. A 4 · 0⤊ 0⤋