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Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience:  Family Law Consultant Specializing In Interpretation Of Family and General Law.
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Husband has been in incarcerated for four years and is ...

Resolved Question:

Husband has been in incarcerated for four years and is currently being sued by his Wife for child support. The wife has not seen the husband for four years. She claims the husband is the legal father, but not the biological father. The husband has 28 days to respone to the child support petition. What must the husband do deal with this legal action and not be ordered to pay child support? Wife lives in Michigan and the husband is incarcerated in Pennsyivania.
Submitted: 8 years ago.
Category: Family Law
Expert:  Walter replied 8 years ago.


He will need to answer the support order that he is not the father and did not biologically father the child. He must also state that he has no father/child bond with the child due to being incarcerated.

The judge can then order a paternity test, (Which may not be ordered if mom admits he is not the biological father of the child). If no test is ordered the judge must determine if a father/child relationship exists in the case. If the judge decides that a bond is there he can be ordered to pay support regardless of him not being the father.

I would strongly recommend that he seek legal counsel to represent him in this matter. This is a very serious matter and not one that should be taXXXXX XXXXXghtly. A good lawyer can argue that he has had no contact with the mother or the child in years and a bond was never there in the first place.

Please do not take this lightly. He needs a lawyer there to represent his rights.


Customer: replied 8 years ago.
Reply to Walter's Post: the husband does not have income to pay for an attorney. With the husband being incarcerate out-of-state can this be handled without an attorney?
Expert:  Walter replied 8 years ago.


He can send in a answer to the courts as to him not being the father. He will want to do some researching in the library there at the jail to form a answer to the case. Often if he asks around there are other inmates that have dealt with the same thing and can help him fill out the forms and submit his answer.

This can be handled without a lawyer but I would advise against it. He will need to send in his answer and hope that since no one is there to represent him that the judge is a fair person. In the end the judge will make the decision based on the evidence. Since he is not there the wife can claim anything such as they have a relationship and he has a father/child relationship with the child.


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