His wife had an affair, a child was produced, she left and left the child with his parents, now 10 years later, the biological mother is wanting custody of said child and the father to pay child support. Is this legal?
2007-08-07 02:03:41 · 13 answers · asked by kntmccallister 1 in Family & Relationships ➔ Marriage & Divorce
You would have to check with the laws in your state, however, a child produced during the marriage is considered a child of the marriage unless disputed otherwise.
Therefore, unless she has requested that patenity be established, the child is considered to be that of the husband. Has the husband had regular contact with this child? Raising him and assuming the responsibilty of being the child's father even though the child was left with the grandparents? If so, it is a strong case that the father could indeed fight for custody of this child especially since the mother left the child.
Because of this theory of assumption, the husband could be made to pay child support if the mother is granted custody of the child.
To request that paternity be established could backfire in that the biological father is then given the option of deciding whether to be involved in this child's life.
If the non bio father has indeed been present in the child's life, I would file papers with the court asking that he be granted physical custody of the child. Be sure to state what you have said here.
1. The child was a result of an affair
2. The father/grandparents have been caring for this child
3. It has been 10 years
4. Whether or not the mother has contributed: money, health insurance, or has visited the child in the last ten years
5. And the father's desire and ability to care for the child & whether or not the mother has the ability at this point to care for the child.
Good luck and best wishes!
2007-08-07 02:28:28 · answer #1 · answered by Honey423 2 · 0⤊ 0⤋
If nothing has changed in the past ten years (as far as the legal system over what is best for the child), yes, mothers can take off and come back and get their kids very easily. Which is really WRONG. A mother at best should have visitation but after 10 years you'd think the courts would see the devastation towards the child by being uprooted, but you'd be surprised what DHHS and the legal system will do.
2007-08-07 02:11:25 · answer #2 · answered by avengress 4 · 0⤊ 0⤋
You fail to mention if this child was the husbands child. However if this is the case, then abandonment issues of the wife for the husband and child would be generally her dead end to the situation. I would think that after 10 years the husband would automatically be awarded full custody of the child. If the child actually belonged to another man, then he would be brought into the case and you would have a much harder time with the situation unless there were agreeable adoption terms. My opinion only. Good luck to you.
2007-08-07 02:17:44 · answer #3 · answered by pappysgotitgoinon 5 · 0⤊ 0⤋
I'm not sure he could get custody of a child that is not his, even though he's raised it and been the only parent that child has ever known; however, on the same token, he can't be expected to pay support for a child that is not his either. Unless he adopted that child legally, he is not responsible for paying any child support.
2007-08-07 02:08:05 · answer #4 · answered by crabbyone 5 · 1⤊ 0⤋
Well there usually the courts would rather put the child with a biological parent...defintly get a lawyer. Since he has raised the child for 10 years, biology or not..courts take it into deep consideration before removing the child , destroying the childs home life without due justification for it
2007-08-07 02:14:40 · answer #5 · answered by Brian R 2 · 0⤊ 0⤋
Even if the NON BIOLOGICAL father has raised the child since the day he/she was born, the parents have the rights. My husband and I have looked into this time and time again. My ex is a loser who is in and out of jail for so many things it's not even funny.....my husband has been there for the kids since one was 7 months old and the oldest was almost 2. We also have one child in common...but none of that matters to the courts. Blood is truely thicker than the ones who really love them.
2007-08-07 02:08:40 · answer #6 · answered by Latino Heat 4ever 5 · 1⤊ 0⤋
In ten years the non biological parent never did anything to assure the peace of this childs life legally? Shame.
Consult a lawyer. The laws concerning this sort of thing are complicated and vary from state to state.
2007-08-07 02:27:13 · answer #7 · answered by jokerthefreak1 2 · 0⤊ 0⤋
You could try and I think it would be the right thing to do. I don't know about the people who left the baby...however if they are not "fit" you probably have a chance. I think that all rights go to the blood parent though. I don't know for certain about this, however I know the child would want you to fight for them.
2007-08-07 02:33:59 · answer #8 · answered by Rein 5 · 0⤊ 0⤋
In case you are the daddy you've full rights to the child, in case you are no longer the father, no rights. The paternity experiment would provide the wanted reply of being the father or no longer.
2016-08-04 09:22:15 · answer #9 · answered by ? 4 · 0⤊ 0⤋
I don't know if he could get custody. He would probally have to adopt the child but it's going to be a hard one. I would get a lawyer and look into it. Good Luck to you!
2007-08-07 02:11:15 · answer #10 · answered by frawlicious 4 · 0⤊ 0⤋