[ur_dreamcatcher]

My Boyfriend just recently was granted temp custody of his daughter while child protective services finishes the investigation. But the thing is his name is not on her birth certificate. His ex wife was married to someone else when both of the children were born. He has been paying support for the two children for two years,and has asked for a dna test and the judge tells him that he will not allow him to bastard a child. We have called and talked to the vital statisics that does the birth certificates and they told us to order a dna test in court so his name can be put on. His hands are tied. Will this lessen his chances of regaining custody?

[aaron]

How did he come be be adjudicated the father of these children if DNA tests were never performed, given that the mother's husband and presumed father is named on the birth certificates?

[ur_dreamcatcher]

There is no father named on the Birth Certificate. His ex at the time was still married to her ex husband. They have two children together and they were born before she was divorced. On all the court papers for child support it is "under the assumption" that the 2 said children were as a rusult of the marriage. Which is not true! He has requested a dna test and the judge will not hear anything of it. Maybe if he tells the judge that she was still married at the time of the births he will get somewhere . If she wanted to be a real pain could she bring this up to get her daughter back?

[aaron]

There's something you don't know or aren't explaining well. If the woman's husband is the children's legal father, a third party should not be subject to court-ordered support. If he hasn't consulted a lawyer yet, it's well past time for him to do so.

[ur_dreamcatcher]

Ok here's the situation. My boy'sfriends Now ex wife was married to someone else at the time when their children were born. She was married and he was not. She never got divorced until after both the children were born. She had one in 94 and another child in 96 her divorce was never filed til 97. At the time he was just a boyfriend and not a husband. She was married to someone else the whole time she was with my friend. Then the 2 of them got married in 99 and the judge is assuming that the children were born into that marriage.