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  1. #1

    Default Paternity Rights After Having A Child With A Married Woman

    All parties involved live in Louisiana.

    My friend just found out that he is the biological father of a 15 month old child. The mother of the child was married at the time of conception and is still married to her husband. The husband is listed as the father of the child on the birth certificate. The husband wants to raise the child as his own and work things out with the mother. (The mother is pregnant again and the odds are that this pregnancy is a result of her cheating with yet another man.) The mother and husband want to raise the child as their own and exclude my friend from the child's life. What rights does my friend have to this child? He desperately wants to be in the child's life.

    P.S.: Upon my advice, my friend had a Legally Admissible Test DNA test conducted (as means to present evidence in a court of law) with the consent of the mother. DNA samples were collected under strict "chain-of-custody" to ensure legal admissibility when proof is needed.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
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    28,626

    Default Re: Paternity Rights After Having A Child With A Married Woman

    Look over the law described in this thread on Louisiana Paternity Law.

  3. #3

    Default Re: Paternity Rights After Having A Child With A Married Woman

    Quote Quoting aaron
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    Look over the law described in this thread on Louisiana Paternity Law.
    We have looked over the Louisiana Paternity Law and talked to a layer. It looks as if he has a good case for gaining some rights to his son, but unfortunately it looks as if we waited too long. The mother has changed her phone number and quit her job. We fear she and her husband have fled out of state. My friend is devastated and feels like giving up. Is there any hope? What options can we pursue? The child was born in Louisiana (where all of this is happening) and therefore is a legal resident of the state. How long must one live in another state to claim residency? And how do we track the birth mom and her husband down? The mother has family here in town. Can they be forced to tell where she is? Can she be charged with anything for skipping out like this?

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
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    Default Re: Paternity Rights After Having A Child With A Married Woman

    He needs to get back with his lawyer and, if it's not to late, pursue his paternity action. The longer he waits, the harder it will be.

  5. #5

    Default Re: Paternity Rights After Having A Child With A Married Woman

    Quote Quoting Mr. Knowitall
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    He needs to get back with his lawyer and, if it's not to late, pursue his paternity action. The longer he waits, the harder it will be.
    Since he only makes minimum wage, he wasn't able to come up with the $2500 required by the attorney for the retainer fee. My friend has since applied for free legal services through Capital Area Legal Services but was told that an attorney will contact him in about 2 weeks.

    I know from personal experience that the court process is VERY slow, but isn't there some easier, faster, less expensive way to start a paternity action? My friend is starting to lose hope and I can't say that I blame him. Does anyone have any advice or words of encouragement?

  6. #6
    Join Date
    Sep 2005
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    73,141

    Default Re: Paternity Rights After Having A Child With A Married Woman

    He can initiate an action on his own, but he would have to be able to figure out how to do so.

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