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My wife had two children from a previous marrage. At the time

of her divorce (2009) her...
My wife had two children from a previous marrage. At the time of her divorce (2009) her children were 7 and 5. They went with a standard ARKANASAS child custody. He gets them every other weekend and was ordered to pay 700 per month for both. He now is saying that the youngest is not his and said he had him tested. He shoud us the paper saying this but its not a legal document. After him taking care of this boy now for seven years what can be done on his part or our part about this? He is not taking him when he takes the other boy and its just heart breaking. Thanks Joe
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Answered in 1 minute by:
10/1/2012
Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
Verified
Hello and welcome, Joe.

That would be extremely heartbreaking for his son who must now feel unwanted by his father.

Is he still paying child support for this child as ordered by the court?
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Customer reply replied 5 years ago


yes he still is paying through Arkansas state child support.

I see.

The fact that the father is refusing to exercise his visitation with one of his sons would typically provide a basis for the mother to seek a modification of the order of custody, seeking sole legal and physical custody of both children based on the best interests of the children.

Legally, he is the father of the children and if he wishes to act in a manner that is so completely contrary to the best interests of his son, I would seek to have his visitation terminated altogether. This is sometimes very difficult to do since parental rights are constitutionally protected, but if your wife had testimony from an expert (psychologist or other therapist) to indicate the extent of the damage he is doing to the children by acting in this manner, that would typically aid her in gaining sole custody.

If the father wishes to avoid ligitation, a communication from a local attorney may compel him to change his behavior in order to avoid the expense of such litigation. Otherwise, a motion to modify custody would normally be appropriate under the circumstances.

It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time.

Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.

Thank you very much and all the best to you,

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

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Customer reply replied 5 years ago

Is there anything he can do to her legally if this is true and its not his. Or is he bound financially to take care of him? evan thou he all of a sudden he don't want to take him. thanks Joe

Hello again,

At this point, he is legally bound to care for and support his child, even though he may not be the biological father, unless another man adopts the child.

It is possible that he could pursue a claim of paternity fraud against the mother if she intentionally misled him as to the paternity of the child, but that is typically very difficult to prove and often is not successful, so most attorneys will not even take such a case.

Here is a link that sets out the elements he would normally need to prove to succeed in such a case:

http://www.thomaslhunter.com/newsletters/family-law/paternity-fraud/


It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time.

Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.

Thank you very much and all the best to you,

Tina

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-tina/


Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
Verified
Tina and 87 other Family Law Specialists are ready to help you
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Customer reply replied 5 years ago


Thank you so much for the information you have provided. You have been a major help with this. Now we have to figure a way to tell him if this is true. I have 4 boys of my own and if I found out that one was not mine, NOTHING would change on my part. I still would love him like he was my own. Thanks agian and have a wonderfull day. Joe

You are very welcome, Joe. I am so glad I was able to assist you with this difficult situation and I hope, for the sake of the child, that it is resolved very soon.

It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Thanks again!

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-tina/

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Tina
Tina
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Category: Family Law
Satisfied Customers: 33,167
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