[roro]

I was raped when I was 18...became pregnant...then married my husband...he KNEW i was raped and still stood with me and raised our daughter. She is now 8 years old. Since we divorced, he as been nothing but emotionally abusive toward her and now denies her as her father. I WANT what's best for her and she does NOT deserve this kind of treatment from him. What is the statute of limitation when it comes to this kind of situation? Even though it's been 8 years, can I still establish paternity and not have anything to do with this person?? My fiance NOW, is considering adoption. And my daughter has recently told me that she feels something with me, that she does NOT feel for her father. Like as if she KNOWS he is not her biological father.

[aaron]

The easiest resolution, if your ex- is willing, is most likely to have him consent to step-parent adoption once you have married your fiancé.

[rmet4nzkx]

California is unique in having a 2 year limitation on the establishment of paternity, that being said, there are exceptions to this rule so some other facts would have to be known to determine your options keeping in mind your child's best interest.

Please answer the folowing questions:
Was this stranger, aquaintance or date rape?
Did you know or were you engaged to your exhusband at the time of the rape?
Did you report the rape at the time it happened?
Was the rapist identified?
Were there DNA tests?
How many weeks pregnant or how old was your child when you married?
Did your husband sign an Acknowledgement of Paternity?
Do you have any biological children with your ex husband?
When were you divorced, final decree?
Did your divorce include this child?
What are your custody, child support and visitation orders?
Do you receive child support or state aid for this child?
Have you recieved any Victim's of Crime funds re your rape?
Have you contacted the Family Law Facilitator's office re your paternity and visitation issues? Did you use a mediator in your divorce?
Please understand that depending on the facts your ex husband may still have some "parnetal rights" as a psychological parent even if paternity was never established and that your fiancee may decide not to adopt your child which would also require him to pay for child support should you divorce and not able to disestablish the adoption in the same way paternity may be disestablished. But it all depends on the facts and it might be a good idea to request a minor's attorney (GAL) to represent your child's best interest and possibly for your child to have some counseling during this time.