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I am a grand mother (live in IL) of a child living in Kansas that her biological father (resides in AZ) just found out exist. When the child was first was first born the mother stated he was not the father. After the other men were found not to be the father a letter was sent to him three years later by the state of Kansas. The letter he received the stated that the child in question may be his and request he do a by DNA testing. Because friends and family has stated the child looked just like one of his other daughters he with no problem agreed to DNA testing. On 11/28/08 he received the results stating that the child was in fact his child. The problem is he is married 4 children all by his wife of 5+ year and 9+ years together ages 7, 5, 3 and 2. At the current time his wife is the only one working and he is in school attempting to get is GED to be more able to assist in the financial support of his family. Even though is wife who was aware his affair 3+ years ago forgave him at the time has is very upset and is considering a divorce when the letter arrive for the testing results. He still is willing to do what is right by the child however he can. The child is in foster care the biological mother I am told in Osawatomie mental hospital.. If need be as the grandmother and a licensed foster parent and after talking with my son we both agree she should not have to live in a foster home when she may have a family. He wants to get custody joint or full if needed. I support my son because so many fathers just run and hide and if she is my grandchild he deserves all I can give her to lead a normal life as possible. If he is unable to get custody joint or full if needed I am willing to take her. WHO CAN HELP US?   My son did a dumb thing I realize but he has did a lot of sacrificing to help raise his children and is an great dad he does most of the care for all his children from the time they were born and as stated he wants to do what he can for this child and I am willing and able to assist but we need to know what to do the State of Kansas has given 30 days to get in touch with them can you give us some assistance on how to proceed. back child support for three year on a child that you were not aware of is a little harsh? If he is placed in jail because he does not have funds for the past would cause all five children to suffer.

Submitted: 355 days and 16 hours ago.
Category: Family Law
Value: $30
Status: AWAITING CUSTOMER ACTION
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kansas, Kansas

Already Tried:
just found out need to know what to do now

Answer

Hello,
I would suggest that you son file for paternity, now that he is the father, and asks for custody of the child. As to the child support arrearages, he could not be held criminally, it is a civil matter; so, they need to set up a reasonable repayment plan, I would suggest to hire an attorney to try to get the payment plan to start after 11/28/08--he did not know and why should he be penalized? If you had legal counsel at least these arguments could be made on his behalf.
I wish you the best with this situation--
AttyKaren

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Expert: AttorneyKaren
Pos. Feedback: 100.0 %
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Answered: 12/1/2008

Family Law Attorney

Over 12 years as a Family Law Attorney; Temporary Judge Award (2008)

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