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Can You Seek Paternity of Children Born to a Married Mother, Husband is Legal Father

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  • 02-29-2016, 12:41 PM
    T0702
    Can You Seek Paternity of Children Born to a Married Mother, Husband is Legal Father
    My question involves paternity law for the State of: Minnesota.
    One year ago a woman gave birth to twins. My husband is without a doubt (in our minds) the father of these babies. The woman proved this in writeing many, many times. About a week before the birth her husband found out about the paternity of the babies and everything changed. She cut off nearly all contact and now claims the babies to be her husband's even though the both have admitted in writing that this is not true. Her husband signed the birth certificates and they completely disappeared. We now know their location. They are residing in Wisconsin. What rights does my husband have to at the very least establish paternity, possibly even visitation, changing of last names, be put on the birth certificates? We have no problem being financially responsible for them. He just wants his son and daughter to know him.
    Thanks.
  • 02-29-2016, 12:50 PM
    Dogmatique
    Re: Can My Husband Get Paternity Established
    Quote:

    Quoting T0702
    View Post
    My question involves paternity law for the State of: Minnesota.
    One year ago a woman gave birth to twins. My husband is without a doubt (in our minds) the father of these babies. The woman proved this in writeing many, many times. About a week before the birth her husband found out about the paternity of the babies and everything changed. She cut off nearly all contact and now claims the babies to be her husband's even though the both have admitted in writing that this is not true. Her husband signed the birth certificates and they completely disappeared. We now know their location. They are residing in Wisconsin. What rights does my husband have to at the very least establish paternity, possibly even visitation, changing of last names, be put on the birth certificates? We have no problem being financially responsible for them. He just wants his son and daughter to know him.
    Thanks.

    He can try to disestablish her husband's legal paternity, and establish his own. He really should sit down with an attorney. I also wouldn't expect their last names to be changed.
  • 02-29-2016, 01:12 PM
    T0702
    Re: Can My Husband Get Paternity Established
    Thank you. The last name change is not something we obviously harp on. The babies were given Moms maiden names (hers is her husbands) do to her husband not wanting the babies to carry his last name.
  • 02-29-2016, 01:17 PM
    Dogmatique
    Re: Can My Husband Get Paternity Established
    Quote:

    Quoting T0702
    View Post
    Thank you. The last name change is not something we obviously harp on. The babies were given Moms maiden names (hers is her husbands) do to her husband not wanting the babies to carry his last name.

    What a tangled web!

    You're possibly going to be a stepparent. Now obviously I don't know the timeline, in terms of whether or not you were married to your husband at the time, but you need to be prepared for everything that may come along with being the stepparent - the drama, the petty stuff, and feeling like you're little more than an unpaid lackey.

    You going to be okay with this?
  • 02-29-2016, 01:52 PM
    Mr. Knowitall
    Re: Can My Husband Get Paternity Established
    Quote:

    Quoting Dogmatique
    View Post
    He can try to disestablish her husband's legal paternity, and establish his own. He really should sit down with an attorney. I also wouldn't expect their last names to be changed.

    Even if I assumed that Minnesota still had jurisdiction, I don't see a basis for a putative father to try to seek custody unless he qualifies for a presumption of paternity, which does not appear to be possible in the case under discussion (although it's possible that there are other statutes that could come into play). See Minnesota Statutes Sec. 257.55, 257.57. Also, even if we assume that a paternity action is possible, it's anything but a given that the court is going to find that disestablishing paternity and substituting in a father the children has never met, who has never contacted the children, and who has never provided any amount of support, is going to be in the best interest of the children. Before jumping into anything in Minnesota, I would concur that the putative father should speak to a lawyer. Wisconsin's law seems considerably more amenable, allowing a paternity action by "A male alleged or alleging himself to be the father of the child".
  • 02-29-2016, 01:56 PM
    Dogmatique
    Re: Can My Husband Get Paternity Established
    Quote:

    Quoting Mr. Knowitall
    View Post
    Even if I assumed that Minnesota still had jurisdiction, I don't see a basis for a putative father to try to seek custody unless he qualifies for a presumption of paternity, which does not appear to be possible in the case under discussion (although it's possible that there are other statutes that could come into play). See Minnesota Statutes Sec. 257.55, 257.57. Also, even if we assume that a paternity action is possible, it's anything but a given that the court is going to find that disestablishing paternity and substituting in a father the children has never met, who has never contacted the children, and who has never provided any amount of support, is going to be in the best interest of the children. Before jumping into anything in Minnesota, I would concur that the putative father should speak to a lawyer. Wisconsin's law seems considerably more amenable, allowing a paternity action by "A male alleged or alleging himself to be the father of the child".

    Hence the word "try" :D

    I do have to wonder why it's taken a year to start thinking about such critical issues.
  • 02-29-2016, 02:12 PM
    T0702
    Re: Can You Seek Paternity to Children Born to a Married Mother, Husband is Legal Fat
    I am completely ready to take on all of the good,bad, and ugly that goes with being a step parent. My husband and I were married. We are past the indiscretions. We filed a paternity action before birth. Unfortunately her husband was still aloud to claim paternity. And the issue was never taken to court. We tried to remain in contact. We have sent multiple letters to the mother and the babies. Starting a month after the birth the started to be returned. And my husband also sent the mother $500 a month up until our letter started to be returned to sender. In the beginning we were working with a lawyer and after 6 months of being unable to located, we felt hopeless. Only to find she has been jumping between 3 states. We only know assume they are in Wisconsin due to the change in her husband sex offender registration address. I guess we just wanted to know if we even had a chance at a paternity test.
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