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  1. #1

    Default Disproving Paternity To Regain Custody

    hello,i live in arkansas and i was wondering if you could tell me if i had a dna test done on my son and his dad that has custody of him if i could get him back. from my understanding the law in my state is that if the dad is not biologic. his that he has no rigths could someone tell me if that is so before i make a complete ass of myself i just want my son from this evil brainwashing man please help me.his name is on the brthcertificate and my son is five years old.i need to know the law so i can make sure my lawyer and i are on the same page and that he will fight for me all the way im not going to get into the whole case i just need to know the rights

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Disproving Paternity To Regain Custody

    How and when did the legal father get onto the birth certificate? How and when did he get custody? Why isn't the biological father named on the birth certificate?

  3. #3

    Default Re: Disproving Paternity To Regain Custody

    Quote Quoting aaron
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    How and when did the legal father get onto the birth certificate? How and when did he get custody? Why isn't the biological father named on the birth certificate?
    this is going to sound terrible but i was married to him when my son was born.the biofather knew of me being prego but i was so young and stupid that i couldnt tell my husband at the time that i cheated on him.but when my son was born he knew without me telling him then we divorced and both agreed to joint custody in 03 we did that up until now he convinced my daugther to tell the judge she wanted to live with him.now i tell him that its not his son and he will not let me have him back.i think theres is an act that just passed that migth help me can you tell me.i do not want this to hurt my son but i am a good mom and i think i should be the one to raise not some step mom .

  4. #4

    Default Re: Disproving Paternity To Regain Custody

    this just happened and i really still dont understand how it happened i do know my daugther lied about alot of things .and i cant blame it on her shes innocent she was very brain washed and promised alot of things.

  5. #5
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Disproving Paternity To Regain Custody

    Quote Quoting mommywantsson
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    this is going to sound terrible but i was married to him when my son was born.the biofather knew of me being prego but i was so young and stupid that i couldnt tell my husband at the time that i cheated on him.but when my son was born he knew without me telling him then we divorced and both agreed to joint custody in 03 we did that up until now he convinced my daugther to tell the judge she wanted to live with him.now i tell him that its not his son and he will not let me have him back.i think theres is an act that just passed that migth help me can you tell me.i do not want this to hurt my son but i am a good mom and i think i should be the one to raise not some step mom .
    How old is the child?

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Disproving Paternity To Regain Custody

    So at this point, you were married at both conception and birth, your husband is on the birth certificate, his paternity was reaffirmed in the divorce judgment, and he wishes to remain as father? You're not going to be able to remove his rights without his cooperation.

  7. #7

    Default Re: Disproving Paternity To Regain Custody

    yes i was married to him and my son is five yrs. old.so basically your telling me that he will have to decide to do that.and legally there is nothing i can do?theres not a clause or an act anywhere?that might help me?i found something on some docs at arkleg.com that if i was reading it correctly might help . i guess i will spend another day on the phone with lawyers.or go buy a arkansas law book.thanks guys for trying to help me.

  8. #8
    panther10758 Guest

    Default Re: Disproving Paternity To Regain Custody

    Where is Bio Dad? has he made any efforts to seek custody/visitation or did I miss that? This is reverse to what we normally see. A non bio Dad who acts and supports a child as his own that is not.

  9. #9

    Default Re: Disproving Paternity To Regain Custody

    He is the legal father regardless of whether he is the bio father or not. In the eyes of the court it will make no difference. You cannot force a DNA test anyway. This is probably a troll since she doesn't know the sex of her child.

  10. #10

    Default Re: Disproving Paternity To Regain Custody

    Quote Quoting panther10758
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    Where is Bio Dad? has he made any efforts to seek custody/visitation or did I miss that? This is reverse to what we normally see. A non bio Dad who acts and supports a child as his own that is not.
    no he has not and the legal father tells me that he has known for a while that my son wasnt his. i dont know why he has decided to not do something about it i can only think that he is trying to give his now wife a kid,because i do know she cannot have any her self medically.

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