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faithholmes · May 5, 2012, 12:04 PM

My husband and I are married he is in the Army and we no longer live in the same state as the Birth mother to our son. We also did not sign the Birth title because she was living in another state when she had the babyboy. My husband is in Basic an doesn't get back until Aug. we want to get a dna orderd an get at least joint custody of the babyboy so we can have the same amount of time with him as her. Is this Possible we live in another state as the mother.

JudyKayTee · May 5, 2012, 12:31 PM

If I understand this correctly your husband is believed to be the father of a baby boy. That baby lives with you and your husband. There has not been an DNA testing. I have no idea what a birth title is.

He's not your son. He's her son with your husband.

I doubt you will get equal time with an infant.

AK lawyer · May 5, 2012, 12:36 PM

Originally Posted by faithholmes

My husband and I are married ....

As are all husband-wife couples.

Originally Posted by faithholmes

... we want to get a dna orderd an[d] get atleast joint custody of the babyboy so we can have the same amount of time with him as her. is this Possible [?]

So the baby is your husband's son?

Yes. Your husband can ask a court for custody, and maybe get joint custody if he can demonstrate that his mother is not the best choice as custodial parent. You, however, have no legal interest in this. If the child was born in another state, and still is there, your husband will have to file suit there.

AK lawyer · May 5, 2012, 12:42 PM

Originally Posted by JudyKayTee

If I understand this correctly your husband is believed to be the father of a baby boy. That baby lives with you ...

I have read OP's post several times, and see no evidence that the baby lives with OP.

Originally Posted by faithholmes

... We also did not sign the Birth title ....

Originally Posted by JudyKayTee

... I have no idea what a birth title is. ....

Good catch. I assume she means birth certificate, but she (?) wouldn't sign it anyway. The father of the chid (who is perhaps her husband) would be the man to sign an affidavit of paternity if he believed he were the father.

Fr_Chuck · May 5, 2012, 01:06 PM

I am going to take a wild guess, since the facts as stated are not clear.

1. This is the step mom writing this, she is now married to the possible father of the child.
2. he is not on the birth certificate and there is no custody order in place.
3. He wants to ( or at least step mom wants him to) get joint custody of the child.

Joint custody is a lot harder to get if you live very far away, and also his job in the military may effect it also, if he is subject to being gone months at a time over seas.

He can try, he would have a very good chance if he lived in the same city. Some courts want you within 20 miles of each other.

Also this would only be temp till the child was school age, since at that point you will have to have them remain in one school district. So many courts look longer range also.

He will need an attorney and try but I would say I am doubtful, he may get extended visits over holidays and perhaps more till the child starts school.
But then it is possible, allhe can do is try.

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