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As you may know, a child born during a marriage is considered to be the child of the husband. Meaning, in your situation, the husband is presumptively the father of this child. However, you may still be able to establish your rights as the biological father.
If you are interested in establishing your rights as the father, you might consider filing a paternity action. The easiest way to do so, of course, would be to hire a family law attorney to handle the matter for you. A family law attorney would be familiar with the assigned judge, the other attorney and the local rules and would help ensure the best possible result.
If you desire to proceed on your own, you could begin the process by going to your local clerk of court. The clerk should have template documents for use in filing paternity actions, the documents would be self-explanatory and easily completed. Upon completion, you would then file the paternity action with the court and request a DNA test. Assuming the court grants a DNA test and the results come back in your favor, you could then move forward with the action and establish your rights as the father to the child.
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The child being in state foster care doesnt change the ability to get DNA test? I also forgot to mention that the husband and wife are curently dicorcing and he is also on his way to prison for extensive assault stalking and violation of ppo on the mother. i have been scared to pursue this issue because of his history of violence and repeted threats to myself and my family.
The kids have been removed twice from the mother, for extreme violence infront of the children, drug use and neglect. Yes , the husband claims the child, but i do believe the mother going through divorce procedings was a requirement to get the children back. she is now pregnant again while she is legaly married to the same r man.
Candidly, your odds of success here are not good. As I stated earlier, the husband is the presumptive father. Additionally, it seems that he has filed divorce paperwork stating that the is the father. Meaning, there are legal pleadings detailing him as the father. Similarly, the removal means there are other legal pleadings detailing him as the father.
I know this may sound odd, but the fact that you are the biological father may be irrelevant. From the perspective of the court system, this fact is made moot be there being a legal establishment of the husband as the father to the child. In short, while the child being in foster care does not help your situation, you have other things working against you as well.
It appears that you may have gone off-line for the evening. I too am signing off for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow. Thank you for your patience.
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