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  1. #11
    Join Date
    Jun 2019
    Posts
    5

    Default Re: Husband Claiming My Daughter is a Child of Our Marriage

    Quote Quoting pg1067
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    Just FYI, judges and court clerks tend to get annoyed when people send letters about pending cases. The letters typically go in the court file but are not read by anyone other than a clerk. It would be completely improper for a judge to consider any such communication. I suggest you tell anyone who is inclined to write such a letter not to waste his or her time. If these folks have relevant testimony, they can show up in court and testify or sign declarations (or, in the case of the child's father, he can intervene).


    I have not submitted any of the letters, I have them in case it gets that far.


    As I wrote previously, mediation is not a hearing. Also, "the divorce hearing" is ambiguous. In the context of any case, there may be any number of hearings. If you haven't already done so, you need to let your lawyer know you have prior commitments and, if there is anything where your attendance is required, your lawyer will need to seek a continuance.
    Great, thank you. I will do that.

  2. #12
    Join Date
    Jul 2018
    Posts
    1,515

    Default Re: Husband Claiming My Daughter is a Child of Our Marriage

    Quote Quoting annalee421
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    I have not submitted any of the letters, I have them in case it gets that far.
    Letters will be inadmissible. You need live testimony or sworn declarations.

  3. #13
    Join Date
    Oct 2006
    Posts
    15,494

    Default Re: Husband Claiming My Daughter is a Child of Our Marriage

    Quote Quoting annalee421
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    My question involves a marriage in the state of:California.

    My soon to be ex put on his response that my 4 year old daughter is in fact a child of the marriage and petitioned the court for visitation of 3 overnight weekends a month. She is not his child, he did not adopt her, in fact he was deemed a threat by DCFS and I had to kick him out and file for divorce. I was married for 1 year and have not seen him for a year to date. I want to inform the court he is lying so we do not waste time and money on this. My legal aid seems confused and says they will go to the mediation on my behalf- but there should not be a mediation hearing in the first place! I want to file a motion to dismiss on failure to establish standing. How can I do this? Its coming up soon. And can he be in trouble for stating she is his and stating he is unaware of anyone else with claim to her, despite her bio dad being in her life since birth? He is truly insane and dangerous- I want to put a stop to this, this is the 2nd time he has done something to stall the proceedings, I need to be free of him. What can I do? I have her birth certificate which clearly shows who her father is, and it is not him.
    Then tell your attorney to file a motion to dismiss his petition for visitation on the basis of the facts that the child was born long before you married him, that the child does have a legal and biological father who is involved in her life, and the fact that he is not even a psychological father to the child as he has not seen her for a whole year due to DCFS requiring you to separate from him because he was deemed dangerous to the child.

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