Possible Non-Biological Father with Custody Worried About Losing Custody

**sickofher** · 05-08-2012, 07:55 PM

My question involves paternity law for the State of: virginia (moving case to mn)

Enjoy this mess. I went through a divorce and custody battle back 8 years ago and was granted custody of my son ( my name is on the birth certificate anyway). There has always been doubt but I knew he was better off with me. I also tried to get custody of my step son but was not able to find my ex "unfit". The judge told her she was not a good mother but could not legally find her unfit. A guardian ad litem spoke in my favor. Now after all these years, with no attempts to make contact with my son, his mother is saying she is going to fight for custody. I am fearful that she is going to demand a paternity test. If she does, and the test is not in my favor, could I lose custody? His mother was ordered to pay my $100/month child support which she did for the first year. But hasn't since. I have been easy to find, only moved once for work but she knew where I was at all times.

Any thoughts and ideas would be greatly appreciated.

Thanks.

**Dogmatique** · 05-08-2012, 08:19 PM

Quoting sickofher

My question involves paternity law for the State of: virginia (moving case to mn)

Enjoy this mess. I went through a divorce and custody battle back 8 years ago and was granted custody of my son ( my name is on the birth certificate anyway). There has always been doubt but I knew he was better off with me. I also tried to get custody of my step son but was not able to find my ex "unfit". The judge told her she was not a good mother but could not legally find her unfit. A guardian ad litem spoke in my favor. Now after all these years, with no attempts to make contact with my son, his mother is saying she is going to fight for custody. I am fearful that she is going to demand a paternity test. If she does, and the test is not in my favor, could I lose custody? His mother was ordered to pay my $100/month child support which she did for the first year. But hasn't since. I have been easy to find, only moved once for work but she knew where I was at all times.

Any thoughts and ideas would be greatly appreciated.

Thanks.

If paternity wasn't disestablished as part of your divorce action, Mom cannot now bring such a challenge before the court. You're Dad - that's it. There's only one person who could challenge at this point (if it would even be entertained which, after 8 years, is highly unlikely) and it's neither you nor her.

With that said - you mention moving the case.

That suggests you relocated out of state. Did you do so according to court rules?

(Not sure why your stepson enters the equation at all - he should not have even been mentioned in your divorce)

**sickofher** · 05-08-2012, 08:29 PM

Step son paternity was a question and was found to not be mine. I raised him for seven years so fought for custody.

As far as moving according to court rules, I would have to say probably not since it was five years after the last court date when I moved and it didn't even cross my mind since the mother had been completely out of the picture for years at that point. I had long since moved on and remarried.

The only reason this is coming up now is because I am trying to obtain a passport for my son and due to joint legal custody, I need the mother to sign off on it.

**Dogmatique** · 05-08-2012, 08:54 PM

Your son is your son - there is nothing Mom can do about that now. Unless she can show a major change in HIS circumstances, or that you're unfit, she's also not getting custody - unless she can prove that you've actively kept him from her all these years and she can show that she's made a diligent effort to locate you despite everything.

You can, however, take her back to court and request that the judge order her to sign for his passport.