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  1. #1
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    Jun 2018
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    2

    Default Disproving Paternity in Divorce for a Child Born After Marriage

    My question involves a child custody case from the State of: Missouri
    I self filed for divorce my soon to be ex husband agreed we were dating other people I was pregnant with my second child who was my boyfriend. I need to change thing on my divorce paperwork and he want custody of my second son that not his but I don't know what forms I should file to request dna so he cant have custody but I don't want to name the father plus I need to to change the parenting plan which he not following

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: Two Kids Different Dads Going Through a Divorce

    Quote Quoting ashle
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    My question involves a child custody case from the State of: Missouri
    I self filed for divorce my soon to be ex husband agreed we were dating other people I was pregnant with my second child who was my boyfriend. I need to change thing on my divorce paperwork and he want custody of my second son that not his but I don't know what forms I should file to request dna so he cant have custody but I don't want to name the father plus I need to to change the parenting plan which he not following
    I do not see any way that you can challenge the paternity of your husband for your second child without establishing the paternity of the actual father. Your husband could do it by challenging HIS paternity but it does not appear that he is willing to do that.

  3. #3
    Join Date
    Sep 2017
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    495

    Default Re: Two Kids Different Dads Going Through a Divorce

    If you are still married, what parenting plan is in place? Just one that you came up with on your own? Are you legally separated or you just living apart from each other? If you have a boyfriend, I would assume that it wouldn't be too difficult to figure out who the father of your second child is.

  4. #4
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    Jun 2018
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    2

    Default Re: Two Kids Different Dads Going Through a Divorce

    Quote Quoting llworking
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    I do not see any way that you can challenge the paternity of your husband for your second child without establishing the paternity of the actual father. Your husband could do it by challenging HIS paternity but it does not appear that he is willing to do that.
    that is the issue he is being very spiteful right now and do everything he can to hurt me I filed a restraining order because of abuse during the marriage.

    Quote Quoting PMMH
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    If you are still married, what parenting plan is in place? Just one that you came up with on your own? Are you legally separated or you just living apart from each other? If you have a boyfriend, I would assume that it wouldn't be too difficult to figure out who the father of your second child is.
    I filed a parenting plan when I filed divorce so it is through the court. I now need to make it were he does not take him over night. The people he is staying with has a child that has been sexually abused by their family members but they don't know who. I don't want my child over there over night I have offered for him to visit because as of now we dont have an order he has seen him twice the child is one and he doesn't know him. I haven't heard from him in a month. I know who the father is but he doesn't want to be named due to his wife and bussiness

  5. #5
    Join Date
    Dec 2007
    Posts
    273

    Default Re: Two Kids Different Dads Going Through a Divorce

    Your boyfriend is MARRIED. That does not keep him from being named the father, paying child support and getting visitation during which times his WIFE might be with him.

    You do not mention who is the father of your first child. If the child was abused by a family member and is more than a toddler, I find it hard to believe the child has not identified the abuser or are you just stating a rumor as fact.

    You need legal and psychological help. Your poor decisions so far lead me to believe you are going to have trouble in family court.

  6. #6
    Join Date
    Dec 2013
    Posts
    835

    Default Re: Two Kids Different Dads Going Through a Divorce

    Well the man who is the father may not have a choice unless you want your husband to retain paternity, and he should have thought of his wife and business prior to making a child with you. I don't think you can disestablish paternity without naming someone else. Your husband may be able to disestablish paternity as part of the divorce, but I don't know that you can initiate that without naming someone else.

    Perhaps remind your husband that if he maintains paternity of this second child, that the second child will also be part of child support calculations.

  7. #7
    Join Date
    Sep 2017
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    495

    Default Re: Two Kids Different Dads Going Through a Divorce

    Quote Quoting readytoleave
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    Well the man who is the father may not have a choice unless you want your husband to retain paternity, and he should have thought of his wife and business prior to making a child with you. I don't think you can disestablish paternity without naming someone else. Your husband may be able to disestablish paternity as part of the divorce, but I don't know that you can initiate that without naming someone else.

    Perhaps remind your husband that if he maintains paternity of this second child, that the second child will also be part of child support calculations.
    Also realize that if your husband maintains paternity because you won’t rat out your married boyfriend, he will be entitled to the same visitation with that child also. The court doesn’t make a habit of bastardizing children, and they aren’t going to snatch away your husband’s paternity without having someone else to step in. Sorry you got pregnant by a married man while you were married yourself. You made your bed....

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