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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12830
Experience:  B.A.; M.B.A.; J.D.
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My question is about child support, visitations and legal rights.

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My question is about child support, visitations and legal rights. My husband and I have been married for 5yrs. Got separated in 2011 for a year and got pregnant with my boyfriend at that moment. Got back together with my husband at 6mnts of my pregnancy. I lost contact w bio-father he believed was not his child, he came to visit for DNA. now he is field for visitations and legal rigths. My husband n I don't want him near us he is very controlling, possesive. What are my husband's right as a father? He is not on birth cert. only me and my legal name. Can my husband adopt our baby bfore legal process is done? What are my rights at this point? Our baby is 9mnts old.
Submitted: 1 year ago via ExpertLaw.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


Could you clarify?


Is DNA test back?


Has he now been proven to be the biological father ?
Customer: replied 1 year ago.
Yes, we have the DNA result. He is the biological father.
Expert:  Phillips Esq. replied 1 year ago.

Thank you for the additional information.

Your initial post: My question is about child support, visitations and legal rights. My husband and I have been married for 5yrs. Got separated in 2011 for a year and got pregnant with my boyfriend at that moment. Got back together with my husband at 6mnts of my pregnancy. I lost contact w bio-father he believed was not his child, he came to visit for DNA. now he is field for visitations and legal rigths. My husband n I don't want him near us he is very controlling, possesive. What are my husband's right as a father?



Response 1
: Unfortunately and quite regrettably, your husband has no legal rights where the child is concerned since the biological father has come forward, has proven to be the father and now is seeking to assert his rights.



He is not on birth cert. only me and my legal name. Can my husband adopt our baby bfore legal process is done?



Response 2: Unfortunately, not. Your husband cannot adopt the child because the biological father is now very much in the picture and the only way your husband can adopt the child is if the biological father voluntarily relinquishes his parental rights. I do not see that happening, regrettably.

What are my rights at this point? Our baby is 9mnts old.


Response 3
: You have equal rights as the biological father as to custody and visitation. However, you cannot terminate the biological father's rights without a Court Order. This means that you and the biological must work together to do what is in the best interest of the child. I am afraid, that would NOT include the biological father just getting out of the way or letting your husband adopt the child. The biological father has unfortunately made his intentions clear. He wants to be a part of the child's life.


I am truly sorry that I do not have better news for you.

Customer: replied 1 year ago.
Before the legal process starts, can I and baby still travel outside the US? What is the percentage for child suppor here in Co? Since biological father leaves in PA and is overseas most of the time, cloud I get full costudy of my child because of that?
Expert:  Phillips Esq. replied 1 year ago.

Before the legal process starts, can I and baby still travel outside the US?


Response 1
: Yes, you can. You at this time have full custody of the child until the Court orders otherwise. So, you can travel without getting the father's consent or permission of the Court.


What is the percentage for child suppor here in Co?


Response 2
: It is not a matter of simple percentage. Child Support is based on Guidelines and the amount is arrived at after calculating the custodial and non-custodial parent's income and expenses. To get estimate of support, click on the links below:


https://childsupport.state.co.us/siteuser/do/vfs/Frag?file=/cm:calcPayments.jsp



https://childsupport.state.co.us/siteuser/do/vfs/Frag?file=/cm:faqCalcPay.jsp




Since biological father leaves in PA and is overseas most of the time, cloud I get full costudy of my child because of that?



Response 3
: Yes, you can.

Customer: replied 1 year ago.
Custodial and non-custodial parent's income and expenses including my husband's income? I'm unenployed at this moment.
Could biological father fight for full custody of our child even though he has alcoholism issues?
Expert:  Phillips Esq. replied 1 year ago.

Custodial and non-custodial parent's income and expenses including my husband's income? I'm unenployed at this moment.




Response 1
: Your husband's income would not be included.


Could biological father fight for full custody of our child even though he has alcoholism issues?

Response 2: He can, but does not mean that the Court would grant his request. In a custody case, the Court would make a decision based on what is in the best interests of the child by looking at the living arrangement of the parties to the custody dispute, their lifestyles, associations, parenting skills, etc. If the Court finds after reviewing these factors that the child would be better off living with you, the Court would rule in your favor. So, it is very important that you tell the Court any and all reasons why you should be given sole custody of the child and why the father should not be given custody, just as you did in your narrative here; any witnesses should be brought to the Court to testify. Remember that the Court can only make decision based on the evidence presented to the Court.

Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12830
Experience: B.A.; M.B.A.; J.D.
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