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  1. #1
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    Jun 2019
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    Default Husband Claiming My Daughter is a Child of Our Marriage

    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.

  2. #2
    Join Date
    Oct 2016
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    3,305

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

    You don't just inform the court that what someone wrote in a pleading is not the truth. You go through the court process.

    In most cases, there is a disagreement about the facts of the case in one way or another. Let's say I sue you because I say you didn't pay back a loan. You don't get to say "I didn't get a loan" and the court just say, "Oh, OK never mind."

  3. #3
    Join Date
    Jun 2014
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    3,082

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

    Were you married to him when the child was born ? Is he listed on the childs birth certificate ? If you were married or he is listed in the birth certificate or filed a Acknowledge Of Paternity. He will be considered the child's father. Have you filed for him to pay child support? Your attorney might need to contact DCFS. Him being declared a threat. Does not mean he cannot get visitation or at least supervised visitation.

  4. #4
    Join Date
    Oct 2006
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    15,683

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

    Quote Quoting Mercy&Grace
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    Were you married to him when the child was born ? Is he listed on the childs birth certificate ? If you were married or he is listed in the birth certificate or filed a Acknowledge Of Paternity. He will be considered the child's father. Have you filed for him to pay child support? Your attorney might need to contact DCFS. Him being declared a threat. Does not mean he cannot get visitation or at least supervised visitation.
    Mercy, re-read the original post. She has been married to him for a year and her child is 4. On top of that the child's father is listed on the BC and he is actively involved in the child's life.

    Annalee if you can get an attorney on board other than a legal aid attorney that might be in your best interest. Perhaps your child's father could help you with that? Make sure that he is aware of what is going on.

  5. #5
    Join Date
    Jun 2019
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    5

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

    I met my husband when my daughter was 10 months old. He did not adopt her, we only were married for one year, and we have not seen him in over a year since I kicked him out. He has not, or ever did pay anything in the relationship. No child support in any capacity. He was deemed unsafe due to his comments with his therapist who then called DCFS. He has severe mental issues and we have been in hiding since removing him from our lives. He is doing this to 1. stall the divorce, and 2 to force me to have to see him. The last message he sent me literally told me he would make it as hard for me to leave him as possible.

    Thank you for understanding my post. I know it is confusing as I doubt many people have someone who would misrepresent something as serious as being a parent to a kid who already has parents in their lives. I am looking for a lawyer to help me now if I can afford it. Since we have zero assets or debt, I had first filed a summary dissolution and then 5 days before it was finalized he withdrew it. So, I had to re-file and at that point I hired a lawyer to do it. Clearly, my petition said there are no children involved in the marriage, he filed a response, then amended it to say there was a child.

  6. #6
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    Jul 2018
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    1,756

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

    Quote Quoting annalee421
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    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!
    First, I assume you're talking about an attorney provided by legal aid.

    Second, who are "they"?

    Third, mediation isn't a hearing. It's a process whereby the parties seek to reach a settlement. Mediation isn't required, but your lawyer may advise you that it's a good idea.


    Quote Quoting annalee421
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    I want to file a motion to dismiss on failure to establish standing. How can I do this?
    You don't. You said that your husband alleged in his response that your child is a child of the marriage. That's simply an allegation, and there's nothing to dismiss. The issue is disputed and, if the case goes to trial (which most dissolution cases don't), he'll have the burden of proving that the child is a child of the marriage. Unless the child was conceived while you were married and cohabitating, that means DNA test results. Moreover, if the child was born while you were married to and cohabitating with someone else, then it may be a moot point.

    My guess is that your husband has made this allegation to use as leverage to get something from you, but that's something you need to discuss with your attorney.


    Quote Quoting annalee421
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    Its coming up soon.
    What does "its" refer to?


    Quote Quoting annalee421
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    And can he be in trouble for stating she is his and stating he is unaware of anyone else with claim to her
    Since divorce petitions and responses are signed under penalty of perjury, he could theoretically be charged with perjury, but I can pretty well guarantee you that no California district attorney will want to deal with something like this. However, if the matter comes before the court and he is unable to prove the allegation, maybe the judge will be sufficiently annoyed and refer the matter to the DA for a possible prosecution.


    Quote Quoting annalee421
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    I need to be free of him. What can I do?
    You're already doing it -- divorce him. That doesn't mean you can force him to make it easy on you.

    Quote Quoting llworking
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    Annalee if you can get an attorney on board other than a legal aid attorney that might be in your best interest. Perhaps your child's father could help you with that? Make sure that he is aware of what is going on.
    Concur 100%. Even if he can't help you pay for a lawyer, he should be aware that someone else is seeking to establish paternity.

  7. #7
    Join Date
    Jun 2019
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    5

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

    Yes the biological father knows and is outraged. He has already taken a DNA test for the record and written a letter to the court voicing his opposition to the request. The school administrator has also written a letter to the court voicing her opposition based on interactions she had with him in the past, and from how my daughter changed after he was removed from the home.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,734

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

    Are you certain he is claiming the child to be his biological child or is he seeking custody and/or visitation based on having established a relationship with the child where it would be in the child’s best interest to continue that relationship?


    if he is actually claiming biological parentage, obviously he will lose if you contest his claim.

    It sounds like you really need a laywer to help you now. You don’t want to wait and miss a filing time limit to make a proper objection to his claim.

  9. #9
    Join Date
    Jun 2019
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    5

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

    Yes- I was referring to the legal insurance people who said "they" would get someone to appear on my behalf if I wished, but they did say I did not have to go in the first place. The mediation hearing is set for July 23, and the divorce hearing is Aug 2. Both of these dates are not doable for me as I will be out of state on a teaching assignment for Johns Hopkins, a contract I signed in April which allows for no absences.


    I am pretty sure he is claiming to be her bio dad. He marked the box on the response that says this case involves a minor child of the divorce, he also took parenting classes and filed a UCCJEA form with the court. Additionally, he marked the box "I am not aware of any other parties who have or may have a claim for custody of this child". Which is demonstrably false. He then marked the box asking the court to terminate my ability to ask for support or child support. He declined to provide health insurance (he has no job) and is asking for 3 weekends a month- from Friday at 4pm to Sunday at 4pm with him providing all the transportation. And on top of that, he is asking the court to determine how the assets and debts will be divided-(of which we have none) despite listing the amount of both items as "NONE" on his disclosures.

  10. #10
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    Jul 2018
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    Default Re: Husband Claiming My Daughter is a Child of Our Marriage

    Quote Quoting annalee421
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    Yes the biological father knows and is outraged. He has already taken a DNA test for the record and written a letter to the court voicing his opposition to the request. The school administrator has also written a letter to the court voicing her opposition based on interactions she had with him in the past, and from how my daughter changed after he was removed from the home.
    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).

    Quote Quoting annalee421
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    Yes- I was referring to the legal insurance people who said "they" would get someone to appear on my behalf if I wished, but they did say I did not have to go in the first place. The mediation hearing is set for July 23, and the divorce hearing is Aug 2. Both of these dates are not doable for me as I will be out of state on a teaching assignment for Johns Hopkins, a contract I signed in April which allows for no absences.
    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.

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