ExpertLaw Forum - Help With Your Legal Questions
|
| Paternity Law Issues relating to establishing and disputing paternity, DNA testing, and associated matters. |
 |
11-10-2006, 06:06 PM
|
|
Junior Member
|
|
Join Date: Nov 2006
Posts: 3
|
|
Father, but not the father? (Florida)
Where to begin... My fiance and I have been together since 2004. We had our first child, a son, this July and all has been fine and great. The trouble is that in 2001, at the age of 19, she impusivley married a Canadian citizen mostly to gain dual citizenship. This never happened as they only spent a couple of months together before he returned to his tree planting life in the North. Although they still have been technically married since '01, they haven't seen each other since January of '02, and we now come to find out that he is the legal father of our son. She has been trying to divorce this clown for years, but he is the vagrant type and he seldom has any kind of address to which legal documents could be sent to, so this process has taken a while. After a long wait, we are finally awaiting for her court date to get her officially divorced. Now, I fear the hoops we will have to jump through in order for me to get any legal rights over my own child. Is there anything we can do? There is no way that her (ex)husband will have any interest in the child, and I am concerned that if anything were to happen to my fiance that my son would be taken away to some kind of foster home or something. I love my son,and my fiance dearly, and I don't want anything (or anyone) to come along and break up the happy home we have worked so hard to secure. Any advice would earn my eternal gratitude. Thanks in advance...
|
11-10-2006, 06:13 PM
|
|
Senior Member
|
|
Join Date: Jul 2006
Posts: 985
|
|
Re: Father, but not the father? (Florida)
Quoting dblack444
|
|
Where to begin... My fiance and I have been together since 2004. We had our first child, a son, this July and all has been fine and great. The trouble is that in 2001, at the age of 19, she impusivley married a Canadian citizen mostly to gain dual citizenship. This never happened as they only spent a couple of months together before he returned to his tree planting life in the North. Although they still have been technically married since '01, they haven't seen each other since January of '02, and we now come to find out that he is the legal father of our son. She has been trying to divorce this clown for years, but he is the vagrant type and he seldom has any kind of address to which legal documents could be sent to, so this process has taken a while. After a long wait, we are finally awaiting for her court date to get her officially divorced. Now, I fear the hoops we will have to jump through in order for me to get any legal rights over my own child. Is there anything we can do? There is no way that her (ex)husband will have any interest in the child, and I am concerned that if anything were to happen to my fiance that my son would be taken away to some kind of foster home or something. I love my son,and my fiance dearly, and I don't want anything (or anyone) to come along and break up the happy home we have worked so hard to secure. Any advice would earn my eternal gratitude. Thanks in advance...
|
Is he disestablishing paternity in the divorce?
|
11-10-2006, 06:41 PM
|
|
Junior Member
|
|
Join Date: Nov 2006
Posts: 3
|
|
Re: Father, but not the father? (Florida)
No, the divorce papers state that there are no children common to the marriage even though she was pregnant at the time of the filing. I don't think he is even aware that he has any legal rights to the child to disestablish paternity.
|
11-10-2006, 07:24 PM
|
|
Senior Member
|
|
Join Date: Jul 2006
Posts: 985
|
|
Re: Father, but not the father? (Florida)
Quoting dblack444
|
|
No, the divorce papers state that there are no children common to the marriage even though she was pregnant at the time of the filing. I don't think he is even aware that he has any legal rights to the child to disestablish paternity.
|
Have you signed an acknowledgement of paternity?
|
11-10-2006, 07:29 PM
|
|
Junior Member
|
|
Join Date: Nov 2006
Posts: 3
|
|
Re: Father, but not the father? (Florida)
No, I haven't...nor am I sure how to go about doing so.
|
11-10-2006, 09:25 PM
|
|
Senior Member
|
|
Join Date: Jul 2006
Posts: 985
|
|
Re: Father, but not the father? (Florida)
Then she needs to amend the divorce to disestablish paternity then you can both sign the AOP. Her attorney should be able to help do all this.
|
| Thread Tools |
|
|
| Display Modes |
 Linear Mode
|
Posting Rules
|
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
HTML code is Off
|
|
|
|
 |
Forum Sponsor |
|
|
All times are GMT -7. The time now is 03:07 PM.
Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice. Laws vary by state, and the laws described in this forum may be different in your state or may have been changed since the information was posted. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Use of this forum is subject to the ExpertLaw terms of use.
|
|
Powered by vBulletin® Version 3.8.2
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
Copyright © 2004 - 2008 ExpertLaw.com, All Rights Reserved
|
