My question involves a child custody case from the State of: Tn or Alabama I'm confused.... My brother has a son that is a non biological child but he signed the birth certificate and in the state of Tennessee he has no rights.... He now lives in Kentucky ... And Alabama is where his son was born but she is fighting it in TN... Cause of the no rights for him.... Should he fight it where he lives now in Kentucky.... Or Alabama.... Cause both states have him a the legal father for him!!!!!???? Please help....
Where to Fight for Child Custody
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01-26-2017, 03:11 PMElizabethhill94Where to Fight for Child Custody
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01-26-2017, 03:23 PMDogmatiqueRe: Child CustodyPlease have your brother sign up, and tell him we're going to need a brief timeline of events. In other words, someone has to explain more clearly just what is going on :)Quote:
Quoting Elizabethhill94
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01-26-2017, 05:47 PMOhiogalRe: Child Custody
Sounds like your brother committed paternity fraud. Which is a crime. CONGRATS TO HIM FOR BEING A CRIMINAL. The state in which he signed the birth certificate (that didn't happen by the way) has no bearing.The child lives in TN? For how long? Where your brother lives matters not. Courts really don't care about his criminal activity HOWEVER he is NOT a father to this child with regards to visitation until the proper jurisdiction states as such.
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01-26-2017, 06:12 PMflyingronRe: Child Custody
Anyhow, to answer the question, where the child was born is immaterial. It's where the child is now that will probably set the jurisdiction (it might be however where the ersatz parents reside).
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01-27-2017, 09:41 PMElizabethhill94Re: Child Custody
How can you say that didn't happen as to which he did sign the birth certificate... I was there and in Alabama it is not a crime for a non biological dad to sign the birth certificate..... So no it's not a crime....
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01-27-2017, 10:27 PMDogmatiqueRe: Child CustodyDo you know what "perjury" is?Quote:
Quoting Elizabethhill94
Look it up, and then look at the form your brother signed. There's a bit about perjury in there, isn't there? -
01-28-2017, 11:45 AMOhiogalRe: Child Custody
It is all about #alternativefacts Dogmatique.
Yep. Why yep it is. The affidavit of paternity HE HAD TO SIGN since he was not married to mom at the time of birth states that it is a crime. So you are wrong or trying to persuade with #alternativefacts which ... alternativefacts are called lies in the real world and not Trump's world.Quote:
Quoting Elizabethhill94
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01-28-2017, 04:30 PMMr. KnowitallRe: Where to Fight for Child CustodyThe one thing that is coming through is that your brother lied about being the father of a child that was in fact not his, and that the courts that have addressed the case have found that the AOP is not valid.Quote:
Quoting Elizabethhill94
There are a number of reasons why your brother is not gaining any rights despite the false AOP. For example:
• The mother could have set aside the AOP during the rescission period;
• The father (if somebody other than the husband) could have brought a paternity resulting in a finding that he was the child's biological father, despite the false AOP;
• The husband, if the father, could have asserted his rights as the husband and actual father, backed up by a DNA test;
• The husband, without regard to paternity, could have asserted the presumption of parentage without regard for paternity, with that assertion being respected by the court hearing the matter....
And there are other possible fact scenarios. Without clarification of what has happened in court, and what your brother hopes to accomplish, all we can really do is suggest that your brother talk to a lawyer. But as you've told us that the child is not his, that a court has found that the child is not his, and that he doesn't even live in the same state as the mother and child, I am skeptical that he's going to be able to accomplish much of anything.