Paternity and Parental Rights

specter · #1 11-10-2005, 12:11 PM

Long story short, I dated a woman quite a few years ago and broke it off once I found out she was married. She got pregnant, I later found out that she and her then husband were trying to have children at that time. She contacted me later and told me of the pregnancy and the child later had. My name was never on the birth certificate and I had no contact with her for almost 10 years. Now from what I understand her and her husband have divorced and they are fighting over custody. I would like to know my options. I realize every state is a little different. This litigation will probably go down in WV.

aaron · #2 11-10-2005, 12:20 PM

The fact that the pregnancy occurred within the confines of marriage, and your delay of ten years in seeking any paternity rights, complicate your situation. You say that you are not named as the father on the child's birth certificate - is the woman's husband named as the father, or is the father not identified at all?

specter · #3 11-10-2005, 01:08 PM

The womans husband is named as the father, and is a good father to the child. I don't know if I want to disrupt that kind of relationship, then again if I am going to be forced to pay child support then I would like to have a role in his life.

aaron · #4 11-10-2005, 01:10 PM

You can't be required to pay child support unless you are first declared the child's father.

specter · #5 11-10-2005, 02:31 PM

I was told that I would be contacted and there is no way that I could get out of this situation. I live a good deal away from this situation and it would be hard to see the child, I am reluctant to do so anyway until I know for sure that it would not disrupt his life. I want to do what is best. I don't have much money with the family that I have now and I am sure it would put a strain on them.I think I am going to find a lawyer from that state and see what my options are.
Thanks for the help