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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
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Experience:  25 years experience as practicing attorney
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I lived in different rooms while still married and became pregnant

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I lived in different rooms while still married and became pregnant with another mans child. My husband at the time knew about the relationship at the time and that we would eventually divorce. I had no intimate relationship with him at the time. I left the home when the child was six as my daughter was young at the time. I recorded all expenses and paid for them for my son. I have married my sons biological father but my ex husband took me to court and obtained shared custody. My son has often tried to refuse getting in the car to go there and has repeatedly asked to live with us. Does the biological father have any rights.
He also assumed our son would live with us. Is it possible to amend the birth certificate or would the only option be to have a custody evaluation done? What would you advise?
Submitted: 2 years ago.
Category: Family Law
Expert:  Dave Kennett replied 2 years ago.

-Could you explain your situation a little more?
Did the bio father ever have a paternity test or file for paternal rights after the child was born?

Did your divorce decree include your son as a child of the marriage and if so did you object at the time?

Does your ex husband pay child support for your son?

Customer: replied 2 years ago.
Did you receive my response? I typed it on the just answer site and forwarded it
Expert:  Dave Kennett replied 2 years ago.
I do not see it on this thread. If you opened a new question I would have no way of finding it.
Customer: replied 2 years ago.
I typed the response in the box requested which indicated that a paternity test was taken when my son was four but there was no question of the father as I did not have relations with anyone else and my husband was aware of that

The bio father did not file for rights as we had no idea my husband would want to be involved. Is it too late to file for paternity rights?

The chid was identified on divorce decree. I was naive about the process.

My ex husband does not pay child support as we have joint custody.

My son is eleven and once when refused to get in car crying I called my ex husband to tell him I would bring him the next day and he filed contempt of court which was denied.

Two questions?

Isit too late for my husband, the bio father to file for paternity rights or amend the birth certicate?

Anything else you would advise?
Expert:  Dave Kennett replied 2 years ago.

Dear JACUSTOMER - Obviously this has gone on for a long time and it is doubtful that a court is going to tell an 11 year old that all of sudden he has a new father. Depending on the circumstances of the overall relationship I could be wrong so your husband can file his motion for paternity and you would have to file a motion to terminate your ex's parental rights based on the fact that he is not the bio father. The court may, but I can't guarantee this, listen to the wishes of your son in the case. Generally the court will start listening to children once they are teenagers so I'm not certain whether your specific court will offer that opportunity.

This is going to become very complicated unless your ex is willing to voluntarily give up his rights. One method your could use to convince him would be to file for sole custody and ask for child support. If he thinks it's going to cost him money for the next 7 or 8 years he may be willing to relinquish his rights to your husband. The court is going to require the dna test results if this is a contested case. I can't imagine you will be able to be successful doing this without counsel unless your ex will agree. The first question the court will ask is why has your husband waited so long to assert his rights. Also the fact that you agreed that this was a child of the marriage at the time of the divorce is another factor you will have to overcome. I don't have the answers to those questions but you need to be prepared to answer them if asked.

Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience: 25 years experience as practicing attorney
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