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    graduate64's Avatar
    graduate64 Posts: 1, Reputation: 1
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    #1

    Mar 21, 2011, 08:47 PM
    No affirmation of paternity, Expired guardianship!!
    My children's father list a man who is not the fathe nor is there an affirmation of paternity and he was given temp guardianship in 2000 due to domestic violence, I have been fighting him just for visits, now I have an order for visits but I want my children and his gaurdinship has expired.I am seeking an answer to determine if no affirmation exist and I know he is not the father and his temp guardianship expired what can I do to retain custody!!
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Mar 22, 2011, 12:52 AM
    Each state has their own laws.
    Any changes wanted start by petitioning the court.
    You would benefit from having a lawyer.
    Even if you have DNA tests done and he's not the father, it won't guarantee that you will get custody.
    Does anyone monitor the visits as part of a report to the court? Have you had any other recorded violence in the last 10 years? Are you able to provide, in housing space and finances?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Mar 22, 2011, 03:39 AM

    The first sentence is confusing. Did you mean to say the birth certificate lists someone who you believe is not the bio father? If so, how did he come to be listed and how did he come to get guardianship? We really need some more background here to understand the situation. Also ANY question on law needs to include your general locale as laws vary by area.

    But the bottom line is, you have to get a court to rule on custody. Since this situation seems complex, I would highly recommend retaining an attorney.
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