[wantingthetruth]

Ok here is our story guys, my husband had a child with a women 12 years ago, at the time of the childs birth he signed a acknowledgement of paternity form that the hospital give to parents, this all took place in louisianna.As time went on he wanted to get married but she kept giving him the run around about it finally she fessed up and admitted that in fact she was still married. at this time the child is three. she obtained her divorce from her husband with whom she has her first child with also and proceeded to marry my now husband, also her explanation to him was she thought she was divorced and she thought he handled it. anyway they get married, live together about another year and then separate. which is when i met him. we start dating, he gets his divorce from her and three years later we marry. now the child is about eight give or take. from the time I have been knowing my husband she has given him the run around about seeing his child, oh and before i forget we have no children together. she is 12 years old and he has seen her one time since they were divorced.Her answer to that is that the child doesnt know him and does not want to come and visit. we live in ky and she and the child live in va. that very well may be true it may not be but we are pretty sure mom does not want their to be a relationship so she doesnt try to encourage the child to even get to know us. we are in the process of hiring an attorney but we have some questions about who is the legal father. when she went to get child support started they ask my husband if he wanted a dna test done and he said yes. She provides the acknowledgement of paternity form that was signed so dcse says he cant get one through their agency. For eight years now she has bragged on the fact that her first husband and father of her first child is the only father his child knows. she allows her to visit him with her older sister in the state ga and this is only because the first hubby took her to court to get visitation with his daughter so there is nothing she can do about that. We also have emails to back all this. My husband wants to get a court ordered dna test before we proceed with a visitation request because the moms behavior acts as if their is something to hide.Not to mention she has already dodged one dna request, so what are our chances of getting one if he has documentation that she was legally married when the child was born and he did not know that. He doesnt believe the first husband signed a waiver of parentage form. He says he knows that her first husband is not the biological father but now he is not sure if he is. Before we try and eatablish a relationship with a child as her mother puts it isnt interested in knowing him he would like to know if she is biologically his. he has s sister that lives twenty minutes away and she gives her the same run around and has been for two years, any advice would be greatly appreciated, this is a mess

[rmet4nzkx]

Your husband should have filed for visitation years ago when they separated. He could have also gotten a private DNA test when he had visitation with the child. I suggest he get an attorney because this is far too complex for an internet forum. He can contact the family court where the child lives and inquire about obtaining visitation.

http://www.dss.state.la.us/departmen...ment_Serv.html
PATERNITY ESTABLISHMENT:

Each year SES receives approximately 18,000 to 20,000 new cases in which paternity is an issue. Under Louisiana law, a father of a child born outside of marriage is not responsible for child support payments until paternity has been established. Louisiana law allows paternity to be established by a court or by having the father sign an affidavit acknowledging that he is the father of the child. Many of the paternity establishments that are obtained by SES each year come through the acknowledgment process. Under State law, hospital personnel are required to provide the parents of children born outside of marriage the opportunity to sign an acknowledgment of paternity in the hospital at the time of the children's birth. If an alleged father refuses to sign an acknowledgment of paternity, SES attorneys or contract District Attorneys may file a paternity suit asking the court to determine paternity.

Prior to signing an acknowledgment of paternity, an alleged father may request a genetic test to determine if he is the biological father of the child. The cost of a paternity testing is $62.00 per person. SES has contracts with two laboratories for genetic testing purposes. The contracts require the labs to either exclude the alleged father, or return a probability of paternity of 99.9% or higher. This is the highest probability requirement in the nation and provides for a higher accuracy rate in determining paternity. Before an alleged father signs an acknowledgment of paternity, he is strongly encouraged to request a paternity test to establish beyond question that he is the biological father of the child.

If the unmarried parents sign the Acknowledgment at the hospital when the child is born, then the father’s name will appear on the birth certificate.

If the mother of the child is married to someone else, the biological father can still sign the acknowledgment.

If the husband and mother have lived separate and apart continuously for at least 180 days prior to the time of conception, the Acknowledgment of Paternity - Legitimate Child, may be completed by the mother, the husband or ex-husband, and the biological father. If this Acknowledgment is signed by all parties, the last name of the child may be that of the natural father or a combination of the last name of the natural father and the maiden name of the mother.

Here is some caselaw that may help depending on the facts.
http://www.lacoa2.org/Opinions%20PDF/37272ca.pdf