I am in the process of a divorce & we are trying to do it uncontested(cheaper)....my husband left me about 2 years ago with nothing & we stayed seperated for 1 year. During that year(2 make it short)met a guy, fell in love, move in 2gether, and became pregnant with his child...well my crazy self never really quit talking to my "husband" so when I told him that I was pregnant by my live in boyfriend...he wanted me back....knowing the truth & all...he thought that if we didn't try to be together now that it would never happen...I went back & it forced the baby's real father completely away.my husband & I are now getting a real DIVORCE & he has been my childs daddy from birth. His name is on the birth certificate, & she has his last name. & he still wants to be in her life but he doesn't want to sign anything saying that he will pay child support. I need the financial help but if he don't sign what is saying that he will help us...ADVICE PLEASE!
2007-06-05 12:02:31 · 20 answers · asked by Renae 1 in Family & Relationships ➔ Marriage & Divorce
The REAL daddy has 2 children from previous marriage and since remarried and has another child on the way with his new wife...and it would just cause trouble between him and his wife She is really jealous & crazy.
2007-06-05 12:14:11 · update #1
Absent the completely false claims from some of the psudo-attorneys on this site (or para-attorneys) there are only two issues here:
1. Paternity Determination, and;
2. Perjury / fraud upon the court.
Let's take the second one first. When you file for Divorce you will be required to inform the court if there are any children of the marriage. The answer to that question will be an attestation under oath.
Therefore, if you say yes, your husband, regardless of the birth certificate, will continue to have the right to petition the court to order a dna test. If such a test comes back negative, you have just committed perjury and attempted fraud.
Now to number one. His name on the Birth Certificate means nothing. What I need to know is if there was an attendent Acknowledgement of Paternity either attached to the BC or integrated on the back of the BC.
That is the doucment which is important.
As for the law which determines the chld to be a child of the marriage, that is simply not always true and carries with it a rebuttable presumption.
What that means simply that although the two of you are married and there is a child, and although the child is considered to be legally a child of the marriage (the two of you), the father does NOT give up his right to remedy under any circumstances.
2007-06-05 12:33:00 · answer #1 · answered by hexeliebe 6 · 1⤊ 0⤋
don't know your state but by law your "husband" is considered the father since he signed the birth certificate which obligates him to child support. if he objects to it you will have to go to court and they will order a dna test. although the test will prove he's not the father, which you already know, then he will either have to pay the support or sign over his rights as her daddy at which point you can go after the real daddy. Being married helps a lot in your situation because if you weren't then it would be real ugly trying to untangle such a mess!
2007-06-10 15:42:03 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The childs biological father has certain rights which cannot be taken from him. You must go to him for child support and he has a right to be in his childs life. Stop trying to be a good person and get the financial help you are going to need. As for trouble with his girl friend or wife, OH WELL!
2007-06-11 03:55:12 · answer #3 · answered by walt631 4 · 0⤊ 0⤋
He has absolutely no choice in this matter, especially since his name is on the birth certificate. He can request a paternity test and then contest chid support but its a lengthy process and expensive too. Other than that hes going to pay child support despite his male macho stand against support. Wait and see if hes still macho when he appears in front of the Judge.True, he could still refuse to pay it but then he will find out exactly just how macho he is when hes in jail for non-payment and contempt of court. You have nothing to worry about here as the law is on your side and the Judge has the final say so. Good luck
2007-06-05 12:19:05 · answer #4 · answered by Arthur W 7 · 0⤊ 1⤋
you cant force him to pay child support. bottom line. even though he is on her BC, he isnt her father. and if he doesnt want to pay CS, all he has to do is get a DNA test. IF he has legally adopted her as his own, then you can get CS, but not just because he's on the BC. then again, (another IF)-- IF he volunteers to help with her expenses, let him.
If you absolutely need CS to help with your child, go after the real father. YOU go thru your local child support office, fill out the forms, request a DNA test, and when it comes back, you will go to court, and he will be ordered to pay CS.
If you want either man in the child's life, thats for you and him and/or him to talk about.
2007-06-05 12:20:02 · answer #5 · answered by tonysdoll815 2 · 0⤊ 0⤋
I'm sure her biological father is liable for the support, even though he's not named on the birth certificate. A DNA test can be taken, and the state will go after him.
Either way (whichever man has to pay) you will get child support from someone.
2007-06-05 12:09:43 · answer #6 · answered by casper 5 · 2⤊ 0⤋
The real father is on the birth certificate. He have acted as the child father and he will remain the child's father.
2007-06-09 11:47:13 · answer #7 · answered by Go GO Ressa 5 · 0⤊ 0⤋
He has no obligation to support this child. You need to go after her real father for that. If he doesn't want to pay you can't make him... but for your child's sake, you let him play dad for this long and it will hurt her to have him out of her life. So you really need to figure out a way so he can still be there for her while you go after her real dad for help.
2007-06-05 12:09:35 · answer #8 · answered by az_mommma 6 · 3⤊ 0⤋
No from what I certainly have study he replaced into inebriated and the lighting fixtures have been out. undergo in ideas he's homeless! in line with danger you may enable him come and stay with you! i think of which you will discover which could make a distinction on your courting.
2017-01-10 14:55:54 · answer #9 · answered by porco 4 · 0⤊ 0⤋
Why am I not surprised!..If you have one ounce of decency and integrity you will go after the real father! now you are concern about his relationship with his other kids and wife or g/f? didn't you think of that when you were lying down getting screw?
You are a pathetic loser!
2007-06-05 12:30:39 · answer #10 · answered by Anonymous · 0⤊ 0⤋