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AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 13521
Experience:  19+ Years of Legal Practice in Family law matters.
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Ok, Let me reword the question. Im sorry if it was confusing.

Resolved Question:

Ok, Let me reword the question. I'm sorry if it was confusing. Me and my boyfriend (Timmy) broke up, with 2 children that we shared together. He is on the birth certificate of both. Previously we discussed in the first question about how to get my visitation's inforced. I thought at a later time about the issue that my oldest Child, Timmy, may not even be his child. When I got with (him) Timmy, I found out I was pregnant, REAL SOON. So in the back of mind, and I believe him and his family too, there has alway's been doubt about the paternity of Little Timmy. Here's the problem. I do not have custody. Timmy has Temporary custody of both of them, from where he took them by expart order, 2 years ago. He is denying my visitation, which we are currently working on the papers, thanks to your advice, to get those reinforced. But I BELIEVE he is raising a child that isn't his, and that he is not entitled to. The ex- boyfriend (Jonathon) that is the possible father, is willing to do a paternity test, to solve the mystery. Timmy, the man with my children, would be the unwilling particiapant, just because it goes down to the control issue again. Is there ANY way that I can take Timmy to court, (the second man) and demand a paternity test of him. Again, this is in North Carolina. God Bless you, and Hope you and your's had a great holiday. I didn't, he refused to let me see the children. Told me to Mail the presents, just like I had when I sent him certified letters for court.

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State/Country relating to question: North Carolina

Already Tried:
On this particular matter, we have tried nothing, as we don't know what to do. But I have previously asked a question revolving around the same parties.
Submitted: 5 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 5 years ago.

AlexiaEsq. :

*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.

AlexiaEsq. :

Actually, it may be possible for the 'possibly real' dad to come forward and file a petition with the Court asking for a paternity test based on his testimony/affidavit that you two were intimate at a time when science says the child was likely conceived and that he now has reason to believe that he is the father. He can use an affidavit by you where you state under oath that you had relations on or around XX date, and that you learned you were X weeks pregnant on or around YY date, which was X number of days after you started having relations with Timmy. Once he is granted the right of a paternity test he can prove parentage and seek custody and/or visitation. It may NOT negate Timmy's right to visitation or even custody if he fights for it and the court finds it in the child's best interest, particularly if they find Timmy to be "in loco parentis" to the child - the only father the child has known. But, it can get the other dad some rights. As for your rights, you need to make those motions to enforce the child's right (and yours) to a relationship with you - your visitation rights, etc.

AlexiaEsq. :

I hope this helps clarify for you.

Because I help people like you here, for a living---this is not a hobby for me---I sincerely XXXXX XXXXX abiding by the honor system with regard to Accepting answers, by Clicking your ACCEPT button now. Feel free to follow up after, if you need clarification. An ACCEPT also assures that I can assist you again. A BONUS is a wonderful way to tell the expert her time and effort are appreciated. I wish you the best in your future.

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