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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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After 6 years my husband has learned that he is the possible father of a 6 year old little

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After 6 years my husband has learned that he is the possible father of a 6 year old little boy. He would like to step up, and do the right thing for the child by offering support and gaining visitation and custody rights. However, the child lives in Louisiana and we live in Oklahoma. We do not believe that the mother will allow us visitation, and she is being hesitant on giving a DNA test. What are our rights? The mother has 1 previous child who has been taken away by DHS- and we are not sure if she is providing a good home to the child, if she is not we would like to pursue full custody of the child. If she is we do not see adding stress on to the child- but would like visitation rights. We offer a stable home, and the child would have 2 step siblings and a half brother.
Submitted: 3 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 3 years ago.

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Customer: replied 3 years ago.
I have added the deposit. Thank You.
Expert:  AlexiaEsq. replied 3 years ago.
Hi, thank you. With regard to your post:

After 6 years my husband has learned that he is the possible father of a 6 year old little boy. He would like to step up, Good for him.

and do the right thing for the child by offering support and gaining visitation and custody rights. However, the child lives in Louisiana and we live in Oklahoma. We do not believe that the mother will allow us visitation, She will have no choice, if he establishes paternity and files a motion for visitation and custody, he will get same, (barring any 'unfitness' which I presume it not indicated here).

and she is being hesitant on giving a DNA test. What are our rights? He should file a petition ordering DNA. The mother has 1 previous child who has been taken away by DHS- and we are not sure if she is providing a good home to the child, Ouch! I don't blame you - if she has already erred enough to lose a child...

if she is not we would like to pursue full custody of the child. Absolutely. It is amazing that they say she is not fit to keep "a" child, yet then leaves another in her care.

If she is we do not see adding stress on to the child- but would like visitation rights. Of course. And a judge will want father and child to reunite.

We offer a stable home, and the child would have 2 step siblings and a half brother.That is wonderful.

I would hire a LA custody attorney to handle both getting the right for paternity determination with DNA, and then if applicable, file for joint legal custody and visitation. It has to be done in LA, since LA maintains jurisdiction over the child. Hiring the LA attorney will make things go faster and better ensure he does not lose for failing to file a necessary paper or attend a court date - he may not need to travel to the court as much, if his lawyer can handle certain appearances.

Good luck!

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AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11845
Experience: 19+ Years of Legal Practice in Family law matters.
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