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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27188
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Hi. I am father of 2 (9 yr old/11 yr old). DNA results =

Customer Question

Hi. I am father of 2 (9 yr old/11 yr old). DNA results = I am not bio father of 11 yr old. DNA test submitted to prove my ex lied in the first place. Have not seen my kids since Sept 12. She filed a motion mid-June in court seeking to relinquish my rights. I have stated from the beginning that my 11 yr old is mine, I fully support her and I love her with all my heart. Ex told her that I do not love her, I am not her father and that I don't want her. Judge is taking her motion into account and will rule mid-Jul. Meanwhile, I get my 9 yr old son for 3 weeks (I am 11hrs away yet don't get half the summer) and had to drive 8.5 hrs to go get him. We have a parental custody plan in place that talks about 50/50. I am in the Air Force and had to move via military orders here to AL (they are in MO). I am being punished by our court-appointed GAL in this modification (due to my moving 11hrs away and visitation has to change) for a military career. Does my ex have a leg to stand on as far as her motion to relinquish my rights to my 11 yr old? Thanks!
Submitted: 9 months ago.
Category: Family Law
Expert:  LawTalk replied 9 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Unless you are an unfit parent, which is highly unlikely, and based on the fact that because you were married to your ex at the time of the birth of your daughter and you are therefore her legal father, it is highly unlikely that the judge will terminate your parental rights. In order to do that, in a situation where a non-biological parent who is a legal parent, the moving party must conclusively show that it is in the best interests of the child to terminate the parental rights of the father. I have never seen a judge terminate rights of a legal father after 11 years unless the father was unfit.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27188
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and 4 other Family Law Specialists are ready to help you
Customer: replied 9 months ago.

I am married and have another daughter with this marriage. I have been in for over 15 years not an unfit father...the Air Force wouldn't have that. Our divorce was in Dec 2009. During that time, I have been deployed to the middle east and attending several schools wherein I had to forgo visitation times. Does that count against me as far as being unfit?

Expert:  LawTalk replied 9 months ago.

Good afternoon Tim,

First, I would like to thank you for your service to our country. I am a USAF veteran and my son is active duty now.

Clearly, you are not an unfit parent, and I never suspected that you were. The court has a legal obligation to consider the motion----but the overriding primary thrust of the inquiry by the court will be whether a termination of parental rights based on the DNA results will be in the best interests of your daughter.

And I would opine that the just is highly unlikely to be able to rationalize that decision under the law. You are the father of two children from the marriage---you have always been the only father your daughter knew, and you also have a son from the marriage that will be negatively impacted if the court were to rule against you in this matter.

Certainly your personal attorney has shared with you the tremendous burden your ex has in convincing the court that the best interests of your daughter will somehow be served by your parental rights being terminated.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug

Customer: replied 9 months ago.

Here is my other dilemna with this. My ex is very spiteful. She works for her attorney as a legal assistant, and I as a paralegal in the AF. She thinks I get away with anything. That being said, she takes things a little more personally because a. she doesn't have the pay for any legal services and can complain whenever she wants and b. thinks I can get away with anything because of my military status, which is wrong.


 


There have been a handful of occasions where I suggested that, for the children, it might be better off for me to give up my rights and have them live the life they are living there, rather than my ex using them as pawns against me, especially when I seek alternate visitation times for the ones I missed due to military obligations. She is using those few times and the DNA test as weapons against me to try to get the motion granted. This judge has not heard my side of things, i.e. why I said what I did when it comes to rights. I believe him to be siding with her and not giving me my right to a fair trial/proceeding. What is your opinion? Thank you very much for your help!

Expert:  LawTalk replied 9 months ago.

Good afternoon,

Well, Tim, I have to think, that in retrospect, that wasn't the best thing you could have told your ex. If that becomes an issue in the hearing, thenyou will need to convince the court that you said those things out of anger and frustration.

But again, it is the best interests of the child which are paramount.

My expectation as regards XXXXX XXXXX result in this matter remains the same. If you do not voluntarily agree to have your rights terminated---then I don't expect will happen---and if it does, you a good case for an appeal to the appellate court with an argument that the decision constituted an abuse of discretion.

I would be remiss if I didn't point out that this is not the time to be without an attorney. Thank you for your positive rating of my service, . It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again. I wish you success in this battle.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Customer: replied 9 months ago.


Thank you! I have an attorney and all this is great for me to know. Thank you again sir. Have a good evening/week.


 

Expert:  LawTalk replied 9 months ago.
You as well Tim.

Have a great week ahead!

Doug
Customer: replied 9 months ago.

Good morning,


 


Is there case law or a statute I can cite?


 


Thank you!


 


v/r,


 


Tim

Expert:  LawTalk replied 9 months ago.
Hi Tim,

A case to cite for what principal?

Doug
Customer: replied 9 months ago.

The father whose DNA is challenged concerning a mother's right to relinquish my rights even though I don't voluntarily give them up.

Expert:  LawTalk replied 9 months ago.

Hi Tim,

That type of case law will be specific to the state where the child and the lawsuit are located. I simply don't have access to all 50 state law libraries---and if I did, WestLaw charges over $500 and hour for access to them. For those types of specifics---specifics to your particular state---your attorney will have access to those case law books. I'm sorry. I don't have the ability to provide you such a case citation.

Doug

Customer: replied 9 months ago.

OK, thanks though! I am a paralegal and have access to WestLaw. I will take a look at it and see what I can find. Have a good week.

Expert:  LawTalk replied 9 months ago.
Thank you Tim. You have a good week as well!

Doug

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