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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30389
Experience:  Attorney with experience in family law.
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I divorced my ex-wife reasons including

Customer Question

I divorced my ex-wife for many reasons including heavy promiscuity. A son was born during our on and off marriage and I treated him as my own. At age 5, when we divorced we put on the decree that no children were born of our marriage. She left him and I after the divorce to be with another man and had children so it was just us for the past eight years.
The reason I put no children due to our son was to the naked eye no biologically mine. I am African-American and our son is 100% Caucasian with not characteristics. I did not want to say he was mine when he was not.
I have raised him "now 14 years old" for the past eight years with my current wife. Now its time to enroll him in summer school and she will not give him back.
As time moved on he is taking characteristics of my self but we put on the decree no children were born. What can be done?
Submitted: 2 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 years ago.

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear about your situation.
You have the ability to file a motion in the family court, explaining to the judge that newly discovered evidence has lead you to believe that the child your wife had may be yours and asking him to order a paternity test.
The mother cannot refuse a DNA test. The judge will make sure that it happens. There are some drugstore tests out there that are pretty good. You can't use them as evidence in court, but another option is to use one of those tests to confirm your suspicions before going to court. This is primarily to help you avoid a situation where you find out that you're not the father but your ex-wife uses your lawsuit to try to take the child away from you.
If the test comes back positive, you'll be able to seek an order for full custody and set up child support. You can also amend the birth certificate to have your name added, if it's not there already.
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