No contact/support for 5 years
I have read at least 15 pages and have not seen our problem written about. I met my husband of 5 yrs, when him and his wife were going through a divorce. She was 4 months pregnant when they separated. Reason, she had cheated on him a couple of times. The child was born on December 15, 2003. She brought him to our house 3 times in the first 3 months. After that, nothing. He also has a 12 yr old girl with this woman. We get her every other weekend, spring break, normal visitation. He was ordered at the time divorce final (feb 04) to pay 160 per week in support. We have paid 80 per week for the daughter. My husband does not remember if he signed the birth certificate at the hospital or not, and I guess it is and was assumed he was the father since they were still married on paper. In the last 5 yrs, we pick up the daughter, the boy is in the car, she does not initiate any contact, nor do we. She does not take him to see the grandparents either. We have asked for a dna test and she refuses. I told my husband, she has done everything that I would do if I was not sure who my sons father was, if I had an affair and there was a chance it was his or someone else's. Couple months ago, we didn't have the full support ($80) and she blew a gasket. My thought is, if she blew a gasket over the support being $40 short, why don't she do something about 5 years worth of support for the boy? She has remarried and the child calls the new husband daddy. When my husband went to the hospital when the boy was born, he was called 10 hours afterwards, he didn't feel like he felt when he held his daughter. No bond, nothing. It would seem to me, if she went to court at this point or anytime after this point, the judge would ask, "why have you waited 5 yrs to try to collect when we see her every other weekend". She wants her new husband to adopt him and that's what we want. Do we have to go through a lawyer to do this? Can she just go to court and change the boys name to her husbands last name? Any input on this would be appreciated. I have talked to friends about what she does and says and they all say "that child is not his".
Thank you