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Where do you have to file??

Posted by on Oct. 26, 2015 at 6:02 PM
  • 98 Replies
Recently my husband found out about a baby that he didn't know about. We now after getting more information have decided to file for custody. Where do we need to file the state the baby lives in or the one we live in? The mother does not have custody the baby is living with a guardian.
by on Oct. 26, 2015 at 6:02 PM
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Replies (1-10):
CampHarris
by Gold Member on Oct. 26, 2015 at 6:05 PM
1 mom liked this

I believe you have to file in the state the baby lives in.  

luckyinlife
by on Oct. 26, 2015 at 6:06 PM
3 moms liked this
He needs to petition the court where the child resides for a paternity test. I am confused how your DH has an infant he didn't know about. Did he cheat? If so, are you sure you want to take on the OW child? Eek good luck.
oranguglad
by Silver Member on Oct. 26, 2015 at 6:06 PM

The state the baby lives in, most likely. Look up the laws in both states and read them over thoroughly. Probably not a bad idea to call a lawyer. Many will give you a free or inexpensive appointment to review the case.

pepper504
by Platinum Member on Oct. 26, 2015 at 6:11 PM

You have to file in the state/county where the child is domiciled in. 

jules2boys
by Platinum Member on Oct. 26, 2015 at 6:19 PM

I agree with the other ladies, the state the child resides in is where you start. 

How old is the child?  How long have they lived with this guardian?  Are you sure meeting you and BF and moving the child is what is best for the child?  Does the child know about BF? 

mommy404204
by Member on Oct. 26, 2015 at 6:22 PM
The baby is 10 months old. We have only been married 7 months. He didn't cheat. The mother is in jail.
whatIknownow
by on Oct. 26, 2015 at 6:26 PM
1 mom liked this

I don't envy you.. this is going to be a long hard road for you. I would not want to raise someone else's child. Good luck!

luckyinlife
by on Oct. 26, 2015 at 6:34 PM
OK well first paternity has to be established and the most likely he will be given supervised visitation working up to full custody so he can establish a relationship to make it less traumatising for the child. Your DH should consult an attorney and be prepared for travel expenses as well. This will not be an overnight process.
mommy404204
by Member on Oct. 26, 2015 at 6:39 PM
We just got paternity fuigured out. And child support. I honestly never wanted to be a step mom and never thought I would have to. I am not looking forward to this at all
codysara
by Platinum Member on Oct. 26, 2015 at 7:00 PM
1 mom liked this
How did you find out about the baby? Is the Guardian a family member of the childs? Does dh really want the baby? Who is receiving c.s.?

Quoting mommy404204: We just got paternity fuigured out. And child support. I honestly never wanted to be a step mom and never thought I would have to. I am not looking forward to this at all
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