Ok here is a little background. My husband was with his ex for 8 years and they have two biological children together. They broke up and several months later she called and told him she was pregnant so he went back to her. Well after the "fake" due date passed she confesed that it was her ex-husbands but she didn't want him to be the father because he was abusive. So my husband agreed to be the father, even signing the birth certificate. He has been the father to this child for the passed 2 1/2 years. They broke up and he remarried so now she has decided to take his son away from him. She is saying the he made her put his name on the birth certificate and she has even told the biological father about him. Naturally the biofather now wants to see his son. We filed papers with the courts but my question is does my husband have a chance at getting visitation? This is killing him. She won't even let him talk on the phone. For that matter she is holding all the kids from him just for spite.

What State? Is your husband paying child support? Has DNA testing been done?

Also if she was married still at the time all the other babies were happening then the husband is very well the presumed father of all 3 children. What is the complete time line for the children involved and when did the divorce occur ?

They were never married. This was an on again off again relationship. She would break up with him to punish him and then allow him to come back. This is in West Virginia, he does not pay child support on the last baby. He does on the first two children but she never filed for child support on the last probably because she knew he wasn't not his. However he has no problem paying child support on him. A DNA test has not been done but she says she is going to tell the judge to do one so she can take his name off the birth certificate.

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Originally Posted by MirageTLH

They were never married. This was an on again off again relationship. She would break up with him to punish him and then allow him to come back. This is in West Virginia, he does not pay child support on the last baby. He does on the first two children but she never filed for child support on the last probably because she knew he wasnt not his. However he has no problem paying child support on him. A DNA test has not been done but she says she is going to tell the judge to do one so she can take his name off the birth certificate.

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I think you misunderstood. You had said " her ex husband".

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They broke up and several months later she called and told him she was pregnant so he went back to her. Well after the "fake" due date passed she confesed that it was her ex-husbands but she didn't want him to be the father because he was abusive. ( end quote)

Was she still married when the other children were born ?

Oh she was married previously. After she divorced her husband she started dating my now husband. They had two kids together together and when they broke up she went back to her exhusband and got pregnant. They were not married at the time. She was not married when any of the children were born.

A few more questions are necessary. First, when was the child support order put in place? Along with the child support order was a visitation schedule set up?

I would suggest he consult a local Family Law attorney he can advise him of his rights.

The child support order was put in place before the third child was born. A visitation schedule was not put up mostly because he was an over the road truck driver and she was letting him see them when he was home. However, now he has a job where he is home every night. We can not afford an attorney unfortunately.

Frankly you cannot afford not to have an attorney. Without one, he stands a good chance of being pushed out of all three of his kids lives.

The first thing he needs to do is petition for a visitation schedule for all three kids. Without one, the other is in control and can block his seeing them.

The Family Court system is remarkably friendly. If you can't afford an Attorney and are faced with no visitation as a last resort file the papers yourself.

Also check with a local law school. They often have clinics where students can help you prepare the paperwork.

We did the paperwork already. Im just wondering if he stands a chance with the child that is not biologically his. He will get visitation of the other two. Here we will be waiting around six months for a hearing.

Did you mention what State you are in? In NY it is almost impossible to get visitation following a break up if the child is not your child by birth or adoption. It's a problem step parents often face.

As far as what will happen in your case, unfortunately only a Judge knows for sure. It's simply guesswork for the rest of us.

You CAN make an argument that it is unfair to visit with 2 children and leave 1 outside that circle but I don't know if it will carry any weight.

If an advocate for the children is appointed you will have a better chance because that advocate may very well determine it is in the best interest of the child to continue visits.

But, again - only "guesswork."

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Originally Posted by JudyKayTee

Did you mention what State you are in? In NY it is almost impossible to get visitation following a break up if the child is not your child by birth or adoption. It's a problem step parents often face.

As far as what will happen in your case, unfortunately only a Judge knows for sure. It's simply guesswork for the rest of us.

You CAN make an argument that it is unfair to visit with 2 children and leave 1 outside that circle but I don't know if it will carry any weight.

If an advocate for the children is appointed you will have a better chance because that advocate may very well determine it is in the best interest of the child to continue visits.

But, again - only "guesswork."

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In this case the OP's husband has already signed the birth certificate making him the legal father. So in a case like this it may be up to the bio dad to contest it but other then that it stands as an aknowlagement of paternity.