Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Other Law (https://www.askmehelpdesk.com/forumdisplay.php?f=190)
-   -   Preparing for custody battle (https://www.askmehelpdesk.com/showthread.php?t=105491)

  • Jun 29, 2007, 07:03 PM
    linda8379
    Preparing for custody battle
    Ok, here goes Im pregnant with a child that is not my husbands, my husband is willing to accept the child and adopt her. The biological father keeps emailing my husband telling him he should leave me and why he is wanting to adopt a child that's not his. I know that there will be a battle for custody once the child is born but I would like to be prepared before hand what types of things can I do to prepare and where do I start?:confused: Thanks ahead of time for the help!
  • Jun 29, 2007, 07:07 PM
    JCollins57
    Quote:

    Originally Posted by linda8379
    Ok, here goes Im pregnant with a child that is not my husbands, my husband is willing to accept the child and adopt her. The biological father keeps emailing my husband telling him he should leave me and why he is wanting to adopt a child thats not his. I know that there will be a battle for custody once the child is born but i would like to be prepared before hand what types of things can i do to prepare and where do i start?:confused: Thanks ahead of time for the help!

    Is there a possibility that the child could be your husbands?
  • Jun 29, 2007, 07:08 PM
    linda8379
    Not at all my husband had a visectomy and we were not together during this time
  • Jun 29, 2007, 08:20 PM
    Gina77
    Everything that I have read and heard about states that because you are married, his name automatically goes on the birth certificate. Your husband should not have to adopt this child because the state already assumes the child is his. Unless of course you tell them. I think this also depends on the state you live in too but not 100%.
  • Jun 30, 2007, 08:35 AM
    JCollins57
    I agree with Gina77. But in some states like California if the father is not there to sign the birth certificate his name will not go on it. So if your husband is willing to claim the baby as his own make sure he is there to sign the certificate and don't let the biological father know. Then if he still wants to make a fit about it, it will cost him a lot of money. He will have to contest it first, then pay for a paternity test and then court cost and so on and so on.
  • Jun 30, 2007, 09:49 AM
    froggy7
    If the biological father asks for the paternity test and it turns out to be his child, I believe he can get the mother to pay for it.

    Let's be clear here: the mother and her husband are attempting to defraud a man of his rights to his own child. This is not going to look good in the eyes of the law, if the bio dad brings a lawsuit for custody, visitation, etc. Which is why people should think long and hard before having affairs and the resulting children.

  • All times are GMT -7. The time now is 04:02 PM.