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michellefcs · May 13, 2011, 06:10 PM

So my husband ran into an ex-girlfriend who told him that she has a 3 year old kid who is most likely his -- other possible father is of a different race. She ended up in foster care after the mom gave up her parental rights due to a drug problem.

My husband wants to establish paternity and get custody, I would just like to know what the legal ramifications of that would be... would he have to pay child support and if so, would we have time to pay it off as we are able to. Also, WE live in Pennsylvania, and the daughter is in Florida. Husband is currently unemployed due to car accident, so money is a big issue right now.

Also, if she gave up her parental rights, we wouldn't have to worry about her changing her mind and trying to get custody later, would we?

Thanks for any help.

Fr_Chuck · May 13, 2011, 06:22 PM

You will need an attorney since first you have to file a motion to prove you are the father though DNA tests, and ask for custody of the child.

If you don't win custody, yes you could have to pay support for the child.

ScottGem · May 13, 2011, 06:23 PM

If he is able to gain custody, there should be no further child support. But he may be liable to reimburse the state for public assistance paid to the mother previously. Also for monies paid for foster care.

As to the mother giving up her rights, I would make sure that her rights have actually been terminated. Courts are very reluctant to terminate parental rights. She may have lost custody, but not necessarily her rights.

michellefcs · May 17, 2011, 12:08 PM

So, after looking into the situation more, the mother gave over temporary custody to someone else and failed to show at the hearing scheduled to determine if she should regain it. She has not had custody for at least one year and now has a 3 month old who she has also lost custody of; she has a hearing to try to regain custody soon (of second child, not my husband's). She currently doesn't have a job or home.

The woman who has custody of the first child for the past year took on custody voluntarily, and has since left New Jersey in order to not allow the mother visitation. She lives in Florida currently.

We are planning on consulting an attorney to tell him about our situation, and, given that our circumstances improve so we can pay for a lawyer, going for sole custody. The mother has said that she wants my husband to have custody, and that she just wants to be able to visit since she is not "mature enough to have a kid" (her words, not mine) and doesn't have the means to support the child anyway.

This is all given that a DNA test shows that he is the father

So thanks for the help! If anyone else still has advice, feel free.

ScottGem · May 17, 2011, 01:28 PM

Sounds like the foster parent will fight custody. She may be looking to adopt herself. On the other hand if she moved out of the jurisdiction of the agency that placed the child with her without permission, she could be in trouble.

While some things have been clarified, others are more of a mess. You will need an attorney.