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Update on my odd custody question

BM is trying to claim that DH isn't SS dad. DH has always had custody, but now CPS is challenging BM's ability. We talked to our lawyer and he said that since she isn't lining up another potential father, odds are DH will get to maintain custody without a paternity test. He says it will depend on the judge, but most won't remove him from the home after 8 years without abuse or neglect. The other possibilities is state custody. He thinks that since the whole thing is due to her getting her visitation threatened, she will NOT end up with custody. Has anyone else had anything similar happen?

 
Anonymous

Asked by Anonymous at 4:08 PM on Jan. 9, 2009 in Relationships

This question is closed.
Answers (5)
  • A friend of our family had sole physical and legal custody of his daughter after his wife left the family when the baby was six weeks old.  After their divorce, when the girl was six years old, the mother wanted to see the girl, but he refused.  She took him to court claiming that he was not the father.  He wanted a test because he thought she was lying.  She wasn't.  He wasn't the father.  No one knows who the father is or where he could be.  Because our friend was her legal father on the birth certificate and had raised her for six years, the court gave him full custody.  Also, because the mother had no contact with the child for over one year, her rights were terminated.  I will hope and pray that you have the same outcome.

    FreeHomeBiz

    Answer by FreeHomeBiz at 6:00 PM on Jan. 9, 2009

  • She can challenge paternity without having another father lined up and say she doesnt know who the father is. They will do a paternity test. If CPS is involved theyll make your lives a living hell. So good luck with that. Dont count on them being ANY help they usually just make things worse.
    gemgem

    Answer by gemgem at 4:13 PM on Jan. 9, 2009

  • first poster is right. How come DH doesn't just go ahead with the paternity test?
    heatherann0221

    Answer by heatherann0221 at 5:22 PM on Jan. 9, 2009

  • If your DH's name is on the birth certificate, he is the legal father.  If he has had custody of your SS for eight years without any problems, most family courts would keep things as they are.  While the BM can make a fuss, the only real threat would be the someone coming forward saying that he'd just found out he was the BF and if the paternity test came back positive.  The courts would rule that he has rights to the child.  That would be a big mess.  I am in California and I am personally familiar with a similar case from the late 90s ....


    Contined ...

    FreeHomeBiz

    Answer by FreeHomeBiz at 5:59 PM on Jan. 9, 2009

  • OP Here-
    DH isn't sure SS is his. He questioned it when BM ended up pregnant. She admitted to sleeping with 3 other guys while they were together. CPS wants to get her visitation taken away because she is emotionally and mentally unstable. And after she was told that, she told her attorney that DH wasn't the father SS, who is now 8 and has been in DH's custody ever since he was born.
    Anonymous

    Answer by Anonymous at 5:38 PM on Jan. 10, 2009

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