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david wilcox · Jun 21, 2009, 09:13 PM

I am a biological father,62yr. Old with a 2 and 4 yr. old. Their mother is still legally married to her husband, the children are drawing s.s, checks on my record as my family the money goes to her because she has legal custody.they have lived wi me since each was 10 months old. In Michigan you have no legal rights to a child that is your d.n.a. if it is in the sanitate if a marriage.from how I have been told, that I am now on s.s. and my two sanitate are drawing on my record as my family,I should have some impute on how they are raised.

nikosmom · Jun 21, 2009, 09:31 PM

If she was legally married to someone else when the children were born, then her husband is considered their legal father regardless that you are the bio father. You have no rights.

cdad · Jun 22, 2009, 12:43 PM

Originally Posted by david wilcox

i am a biological father,62yr. old with a 2 and 4 yr. old. their mother is still legally married to her husband, the children are drawing s.s, checks on my record as my family the money goes to her because she has legal custody.they have lived wi me since each was 10 months old. in michigan you have no legal rights to a child that is your d.n.a. if it is in the sanitate if a marriage.from how i have been told, that i am now on s.s. and my two sanitate are drawing on my record as my family,i should have some impute on how they are raised.

Im a bit confused here. How can the children be drawing on your SS when your stating that they have no legal ties to you ? Also if they have been living with you for so long how come you haven't gone to court to get custody ? From what your saying the children are living in limbo.

What's the real story and timelines please.

nikosmom · Jun 22, 2009, 01:00 PM

Originally Posted by califdadof3

Im a bit confused here. How can the children be drawing on your SS when your stating that they have no legal ties to you ? Also if they have been living with you for so long how come you havent gone to court to get custody ? From what your saying the children are living in limbo.

Whats the real story and timelines please.

Perhaps I was a little hasty on my reply... good questions califdad

david wilcox · Jun 23, 2009, 08:50 AM

The s.s. office asked me to bring the d.n.a. proof and mother to bring birth cer. And by s.s. law theyare my family drawing on my record but she has custody even though she lets them stay with me,so she gets 1094.00 a month, she is still living with her husband.

cdad · Jun 23, 2009, 09:17 AM

Originally Posted by david wilcox

the s.s. office asked me to bring the d.n.a. proof and mother to bring birth cer. and by s.s. law theyare my family drawing on my record but she has custody even though she lets them stay with me,so she gets 1094.00 a month, she is still living with her husband.

There is no law that allows the SS admin to superceed the laws and rulings made in a courtroom. If the children are with you then you need to seek custody because she should be receiving nothing ( provided they are with you for a majority of time ). Was the DNA court ordered and approved ? Do you have a decision from a family court as to your legal statues to the children ? In some states when a child is born in a marriage then the presumed father is the husband in the marriage. We need to know what status the courts have approved for you as far as custody and your legal status as the father of the children.

ScottGem · Jun 23, 2009, 09:51 AM

As noted, the husband of a woman giving birth will be presumed to be the legal father unless challenged. However, there is often a window during which the challenge has to be mounted.

Have you worked with an attorney? If the chioldren live with you, then there is no legal reason the mother should be getting support payments. I suspect you haven't consulted an attorney which is why you are in this fix.

MsMewiththat · Jun 23, 2009, 09:58 AM

My first thought is that they are double dipping and cheating you of your SS. Get an attorney and get this straightend out. You can most likely get an attorney awarded to you by using a senior service or low income/type organization.
If you have custody of the children you need to go make that legal. I am aware that your first concern might be that if you bring forth this action she very well may restrict your access to these children, but it is best to go through the legal process and bring forth all the information that you have. Document Document Document. GET AN ATTORNEY... something isn't right

david wilcox · Jun 23, 2009, 06:21 PM

I used an attorney before I went on s.s. he was the one who said I had no legal right to the kids, because of her husband being on the birth cer.. we have not been in court as I was advized to stay in there lives as much as possible.she and I agreed to do thed.n.a. . when I told s.s.office about bio kids they told me to bringvher birth cer. Me and d.n.a. to office in flint mi. and they gave her the s.s. because she has legal coustdy but on my record as my family.talked to lawyer today , he said ishould fight for cust. But I may never see them again if I lose incourt.

Fr_Chuck · Jun 23, 2009, 07:42 PM

But to direct the answer, no just becaue they get the SS, you have no right or say in their life.
Again while the mother may get the money, the money goes to the children in their name.

To have a say you need to go file to be reconised as their bio parent, though a DNA test that is honored or reconised by the local courts.

Then file for some level of custody

ScottGem · Jun 24, 2009, 02:20 AM

Sounds like your first attorney didn't know what he's talking about. The prevailing law is found here:
Michigan Legislature - Act 205 of 1956=

It appears you can file for a determination of paternity until the children are 18. I think the fact that they have been living with you for over a year, is going to have the court award you custody.

cdad · Jun 24, 2009, 10:35 AM

Originally Posted by ScottGem

Sounds like your first attorney didn't know what he's talking about. The prevailing law is found here:
Michigan Legislature - Act 205 of 1956=

It appears you can file for a determination of paternity until the children are 18. I think the fact that they have been living with you for over a year, is going to have the court award you custody.

I agree. If the children aren't his legal children then the mother shouldn't be getting anything. But with a history already it improves his chances a lot.

GV70 · Jun 27, 2009, 09:24 PM

Originally Posted by ScottGem

Sounds like your first attorney didn't know what he's talking about. The prevailing law is found here:
Michigan Legislature - Act 205 of 1956=

It appears you can file for a determination of paternity until the children are 18. I think the fact that they have been living with you for over a year, is going to have the court award you custody.

Definitely NOT! It is about children born out of wedlock.

GV70 · Jul 1, 2009, 07:24 AM

Califdadof3agrees: UPDATES IN MICHIGAN FAMILY LAW: Parentage - When Mom is married to another man

Yes... unfortunately for us there are a lot of people who answer without any legal knowledge.

jenniepepsi · Jul 1, 2009, 10:17 AM

Lets not be rude guys.

OP, bottom line is, you need to decide if you want to have rights to your children or not. Get a laywer and go through the system.

Good luck.

ScottGem · Jul 1, 2009, 01:40 PM

I just read Ms Hannah's blog. She refers to the Paternity act in that blog, but I couldn't find anything in there that specifically referred to the isue where "mom is married to another man". So I assumed that the act would cover. The definition of "out of wedlock is; "Born of two parents who were not married at the time of birth."

Doesn't matter whether one or the other parent was married to someone else.

But she obviously has the greater knowledge of this area and she cites specific cases that apply.

Unfortunately its not good news for the OP. She supports what he was told by the lawyer.

I still believe there is some hope here since the children have been living with him for much of their lives.

cdad · Jul 1, 2009, 04:50 PM

Originally Posted by ScottGem

I just read Ms Hannah's blog. She refers to the Paternity act in that blog, but I couldn't find anything in there that specifically referred to the isue where "mom is married to another man". So I assumed that the act would cover. The definition of "out of wedlock is; "Born of two parents who were not married at the time of birth."

Doesn't matter whether one or the other parent was married to someone else.

But she obviously has the greater knowledge of this area and she cites specific cases that apply.

Unfortunately its not good news for the OP. She supports what he was told by the lawyer.

I still believe there is some hope here since the children have been living with him for much of their lives.

I still find it odd that they are drawing on HIS SS and she is getting the checks. They shouldn't be drawing against it at all if he isn't the legal father.

ScottGem · Jul 1, 2009, 06:07 PM

Originally Posted by califdadof3

I still find it odd that they are drawing on HIS SS and she is getting the checks. They shouldnt be drawing against it at all if he isnt the legal father.

The all thing sounds odd to me.

david wilcox · Jul 1, 2009, 11:46 PM

I talked to s. s. in flint today, they said because we both came in together me, with d.n.a. and her with birth cer. That we made a personal consent to a federal agent that we were the true biological parents of the two kids. This put them on s.s. as my family on my record with my family limit in place, the checks go to the kids name with the mother having custody she gets them, even though they have lived with me s.s. said I should be glad I don't have to pay suport to her because there is no way, as long as the husbands name is on the birth cer. All gov, adj. share records, s.s. said, today the mother said her food stamps were getting cut because her income is to high she has two kids with her huband on s.s.I. and now these two. On s.s. its seems to me s.s. is crazy

GV70 · Jul 8, 2009, 03:02 AM

Originally Posted by ScottGem

I just read Ms Hannah's blog. She refers to the Paternity act in that blog, but I couldn't find anything in there that specifically referred to the isue where "mom is married to another man". So I assumed that the act would cover. The definition of "out of wedlock is; "Born of two parents who were not married at the time of birth."

True if it refers to Maine and two other states only.
Michigan Legislature - Act 205 of 1956
AN ACT to confer upon circuit courts jurisdiction over proceedings to compel and provide support of children born out of wedlock; to prescribe the procedure for determination of such liability; to authorize agreements providing for furnishing of such support and to provide for the enforcement thereof; and to prescribe penalties for the violation of certain provisions of this act.