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Odd custody question

My husband's ex slept around a lot while they were married. She left when SS was a baby and then didn't come back for a long time. She now has legal visitation, but CPS is challenging her as a parent and we have to go back to court. She now is saying that SS isn't my husband's baby. I know she is doing it just to get a rise out of him, but it is entirely possible SS isn't his child. However, he has been in DHs custody since he was born. If the paternity test shows against my husband, can he still keep his son? I mean, he has been his dad for 8 years! I have been married to DH for 6 years and it would be devastating for both of us if he got taken away? We have a meeting with our lawyer tomorrow, but was hoping to get some advice before then.


Asked by Anonymous at 7:03 PM on Jan. 8, 2009 in Relationships

This question is closed.
Answers (3)
  • If he is listed as the father on the birth certificate and has been the childs father since birth you should be just fine. Unless your husband WANTS to release paternity. (I don't know what state your in or if there are any other situations outstanding -- like does she know who the biological father is and is she pulling him into it to claim he wants visitation?) Try not to stress, but the court should not force a child from a loving parent - biological or not. She's playing dirty and hopefully your husband can refuse a paternity test and leave it at that.

    Answer by Anonymous at 7:07 PM on Jan. 8, 2009

  • That's a horrible thing to have to go thru. However, if CPS is challenging the ex's ability to parent, then this child could end up in state's care. Now the plus side to this is that since he's lived with you guys, the state could appoint you the legal guardians. Although this sounds like a sticky situation. Good Luck!

    Answer by TheDiva320 at 7:05 PM on Jan. 8, 2009

  • i think he would have some rights. if eh took care of him that long.

    Answer by xhellxfirex495 at 7:05 PM on Jan. 8, 2009