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    knowbody111's Avatar
    knowbody111 Posts: 6, Reputation: 1
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    #1

    Feb 8, 2008, 01:24 PM
    What rights do I have
    So I will start on this page. I have been in a relationship with a woman for about two years, and she has two children. Well over the past year and a half I have been supporting her and her children until recently. I made her move out because her lack of motivation for everything and I mean everything from showering, to taking care of her children, or much less getting a job. Well after she had moved out I still had her kids, witch is was the best thing for them and I was stoked about it to, but I still have to work. Well about a month ago I had dropped the kid off for two days so I could pay bills work and have a little time to sleep. Well my phone was MIA during the second day so she could not get a hold of me. She came over a half hour before I had to go to work and told me she could not deal with them that day so she put them in foster care because she could not get a hold of me. At this time the girls are with her ant in another town. I have just got done filing paper work for paternity of the youngest. However my oldest already has a paternal sperm donor. My big Q is what rights do I have to get my youngest back now having paternal rights and what rights do I have for my oldest if any?
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
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    #2

    Feb 8, 2008, 02:09 PM
    Well first off, I am confused. In the beginning of your post you stated you were with a woman that had 2 children and that you were supporting her and HER children. Then by the end of your post you seem to be implying that the youngest child is biologically yours.

    Are these children, any of them, biologically yours?
    knowbody111's Avatar
    knowbody111 Posts: 6, Reputation: 1
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    #3

    Feb 8, 2008, 02:52 PM
    Yes the youngest is biologically mine but the oldest no.
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
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    #4

    Feb 8, 2008, 04:36 PM
    So since you filed paternity papers, I am assuming you are not on your child's birth certificate.

    If that is the case, you will need to pay for a DNA test and upon those results, you have every and all rights to get full custody of your child. You need to get something from the foster care that your ex dropped the children off at to take to court with you to prove she wasn't willing to take care of your child. Once the DNA test comes back you could probably get emergency custody of your child until the actual court date for custody, since the mother can't take care of the children.

    As far as the oldest. Since you are not the biological father unfortunately there is little you can do.
    Is the biological father of the oldest involved at all? At this point, if paternity of the oldest is proven (either by the father being on the birth certificate, or a DNA test) he has rights to take custody of the oldest. If he is willing to relinquish his parental rights to that child, you could file to adopt the child... but it will be in the courts hands as to the outcome.

    At this point, I would concentrate on getting custody of your child, since the oldest is with a relative and out of foster care. If they were both still in foster care I would urge you to get them both. But they are with family, so I think your main focus should be on your child for right now.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Feb 8, 2008, 06:45 PM
    Yes, on the oldest child there is little you can do, except perhaps see if you can get registered as a foster parent and get the child placed in your home if possible. ( long shot)

    For the youngest, you prove you are the father by DNA test in court and file in court for custody.

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