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-   -   Father confused (https://www.askmehelpdesk.com/showthread.php?t=242679)

  • Jul 28, 2008, 04:11 PM
    Librac23
    Father confused
    Greetings to all,

    My name is David, I'm new to this site.

    I have a very interesting question, hopefully some of you can help me with.

    First off, I was involved with this woman from Iowa, I reside in Northwestern Wisconsin.
    She was married at the time we were together, and currently still is.

    She left everything that she knew down there in Iowa to be with me, including (@ the time) her 2 yr old Daughter. She moved up here, and was here with me until 2 days before Fathers' Day. She went back to him. This was only after she received Divorce papers.

    She's also pregnant with my child. What can I do? She is so adamant about me relinquishing my rights to this child as a parent. I am refusing to do so. I don't know the Laws about children in Iowa, but I am learning about them for my state in Wisconsin.

    What she is planning is having her husband and herself raise this child as their own and trying to cut me out from ever having any contact with my child.

    I want to establish Paternity, how do I do this? I've heard that if I make a petition in WI, it will get "filtered" down to the other courts as well. Not entirely sure about that. I know where she lives, I know what county she is in, her P.O. Box, street address everything.

    What can I do?
  • Jul 28, 2008, 04:52 PM
    stinawords
    You petition the judge to order a DNA test as soon as the baby is born. If you know where she lives then try to find a lawyer in that area as soon as you can so that everything will be in order when the baby is born (paperwork wise because you can't do anything till he/she is born).
  • Jul 28, 2008, 05:09 PM
    Librac23
    Quote:

    Originally Posted by stinawords
    You petition the judge to order a DNA test as soon as the baby is born. If you know where she lives then try to find a lawyer in that area as soon as you can so that everything will be in order when the baby is born (paperwork wise because you can't do anything till he/she is born).


    Thanks that gives me a bit of time since the child won't be born till January 5-6th.
  • Jul 28, 2008, 06:10 PM
    cdad
    You need to get in touch with a faily law lawyer from the state she resides in. In some states if a child is born to a married couple then the presumed father is the husband. In that case you would be out of the loop.

    Your at a level of mess making that your going to need an expert. Also maybe do a judgement check somewhere along the way because messing with a married woman isn't a bright thing to do.
  • Jul 28, 2008, 06:14 PM
    Librac23
    Quote:

    Originally Posted by Librac23
    Also maybe do a judgement check somewhere along the way because messing with a married woman isnt a bright thing to do.

    I thank you for the info, but I didn't need the extra 2cents
  • Jul 28, 2008, 06:15 PM
    ScottGem
    As noted, you need to file a petition for custody as soon as the child is born. The judge will then order a paternity test to verify your claim. If the test is positve then you will be listed on the because and be awarded joint custody. You can then file for visitation, they will file for child support. As the child gets older you increase your visitation.
  • Jul 28, 2008, 06:17 PM
    Librac23
    Thanks Scott,

    I appreciate the help.
  • Jul 28, 2008, 06:22 PM
    ScottGem
    Quote:

    Originally Posted by Librac23
    I thank you for the info, but I didnt need the extra 2cents

    Sorry but when you post on a site like this you sometimes get the lecture along with the help.
  • Jul 28, 2008, 10:01 PM
    jlferreira83
    To hurry court procedures you need to look into an EX Parte, also seek advise as to what state you should file any court paper work... one party will have to do the traveling. I don't know if it matters before the child is born.
  • Jul 29, 2008, 05:53 AM
    JudyKayTee
    Quote:

    Originally Posted by jlferreira83
    To hurry up court procedures you need to look into an EX Parte, also seek advise as to what state you should file any court paper work...one party will have to do the traveling. I don't know if it matters before the child is born.


    This is legally incorrect - any action for custody/support/paternity must be brought in the State where the mother - and child - are residents.

    Nothing can be done before the child is born - how would anyone determine paternity with an unborn child? No such safe test exists.

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