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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11665
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am not the bio but am on the birth certificate. The bio

Customer Question

I am not the bio but am on the birth certificate. The bio has came back into the picture and has caused my wife, myself, and children a lot of heart ache and money for no good reason. What can I do? Can I sue him for slander of name? Child support considering I have been the one supporting the child. I want him to go away more than anything. Any advice is worth hearing
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is***** am a US licensed attorney and I will be happy to answer your question.I am sorry to hear about this unfortunate situation.Please note that this service is limited to general legal information and I do not provide any type of legal advice or legal services to JustAnswer.com customers.How long have you been raising the child and is the bio father suing for visitation / custody?Please provide me with more details about the situation and also please clarify as to what is your legal question?
Customer: replied 1 year ago.
She will be 4 next week. I have been here all four years. He is trying to get 50%, but filed an emergency motion for full custody my wife had to go to today. His motion stated that I shower with my child and he thinks I beat her. I do neither of those in case you were wondering. He doesn't pay any child support and has been getting her every other weekend. My wife has a pretty good attorney but I don't have a say in it. I want to take this guy down. It's causing my wife and I a lot of heartache and spending a lot of money.
Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.Was paternity established for the biological father by the court? If it was, when?Why haven't your wife pursued child support claim against the bio father?
Customer: replied 1 year ago.
Paternity has not been established. She is supposed to get a big 150 a month..... But he's paid it once
Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.Something doesn't make sense here.Generally, child support and visitation would only be ordered, once the paternity is established.Is the bio father just file a petition to establish paternity and for a full custody?Was the mother allowing the bio father to visit with the minor child without a court order?Please clarify.Thanks.
Customer: replied 1 year ago.
No.... That's why I'm having a hard time. I'm getting the shaft. The system is just assuming he is the father, and I'm paying for everything
Customer: replied 1 year ago.
I love the kid to death and don't mind because I look at her as mine, but if he wants in the picture he needs to pony up
Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.Well, I don't understand as to how the "system" would assume that the bio father is the legal father, when paternity has not been established by the court and it is you who is listed on the birth certificate as the legal father?Am I missing something?
Customer: replied 1 year ago.
No sir you are not.
Customer: replied 1 year ago.
It's baffling
Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.Did the bio mother allowed visitation with the bio father?Did you consider hiring an experienced local child custody attorney to represent you in this child custody proceedings?
Customer: replied 1 year ago.
Where do I find one? He didn't see her until it was court ordered
Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.How did the court order visitation, if the paternity was never legally established?How long ago was visitation established?