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?
Asked by Anonymous at 4:08 PM on Jan. 9, 2009 in Relationships
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.
Answer by FreeHomeBiz at 6:00 PM on Jan. 9, 2009
Answer by gemgem at 4:13 PM on Jan. 9, 2009
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 ....
Answer by FreeHomeBiz at 5:59 PM on Jan. 9, 2009
Answer by Anonymous at 5:38 PM on Jan. 10, 2009