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  1. #1

    Question Custody, Rights and Visitation Issues When The Husband Isn't The Biological Father

    My question involves a child custody case from the State of: hawaii.

    I've done a bit of research and unfortunately did not get some of the results I wanted. However I do have a few un touched questions.

    My wife and I were married before her child was born, and the alleged party a year after finding out she was pregnant has just now tried to return to the light to establish paternity. My wife nor I are interested in establishing paternity until the child is ready.

    I realize that the decision was made to sleep with him therefore the court sees him as a fit father and there is no way to deny him a paternity test. Regardless of our feelings towards his drug use, lack of a job, education or place of his own we cannot prevent him from trying.

    When the baby was born i was in the delivery room and signed the birth certificate, making me for now the father. Once I signed the birth certificate it qualified the baby to receive my health care benefits, actually the fact that we were married before the baby was born all appointments and the actual labor and stay in the hospital are covered, and will continue to be covered as long as i am the legal father, (seeing as how I am in the military, my healthcare covers everything).

    My first question is will the father establishing he in the paternal father disqualify the child of my benefits?


    My question is once he is established as the paternal father does that declare him legally the father?

    I've read being we were married I the husband must be present at all court hearings, How will that work with the hearings being me the baby and my wife are stationed in hawaii and the third party is in florida? Will the father be required to travel to hawaii being it is the birth place of the child or is it determined by who initiated the court procedures?

    Lastly are my rights restricted to simply not signing written consent to establish paternity before he tries to take it to court. I do not want the child to have to suffer because his father wanted to take a blood test. If that is not my only right then what are they? and what is my role at the court hearings....

    Thanks for any and all help

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Custody, Rights and Visitation Issues When The Husband Isn't The Biological Fathe

    Quote Quoting mr.imwondering
    View Post
    My question involves a child custody case from the State of: hawaii.

    I've done a bit of research and unfortunately did not get some of the results I wanted. However I do have a few un touched questions.

    My wife and I were married before her child was born, and the alleged party a year after finding out she was pregnant has just now tried to return to the light to establish paternity. My wife nor I are interested in establishing paternity until the child is ready.

    I realize that the decision was made to sleep with him therefore the court sees him as a fit father and there is no way to deny him a paternity test. Regardless of our feelings towards his drug use, lack of a job, education or place of his own we cannot prevent him from trying.

    When the baby was born i was in the delivery room and signed the birth certificate, making me for now the father. Once I signed the birth certificate it qualified the baby to receive my health care benefits, actually the fact that we were married before the baby was born all appointments and the actual labor and stay in the hospital are covered, and will continue to be covered as long as i am the legal father, (seeing as how I am in the military, my healthcare covers everything).

    My first question is will the father establishing he in the paternal father disqualify the child of my benefits?


    My question is once he is established as the paternal father does that declare him legally the father?

    I've read being we were married I the husband must be present at all court hearings, How will that work with the hearings being me the baby and my wife are stationed in hawaii and the third party is in florida? Will the father be required to travel to hawaii being it is the birth place of the child or is it determined by who initiated the court procedures?

    Lastly are my rights restricted to simply not signing written consent to establish paternity before he tries to take it to court. I do not want the child to have to suffer because his father wanted to take a blood test. If that is not my only right then what are they? and what is my role at the court hearings....

    Thanks for any and all help
    Quite honestly, your situation is complicated and alot is at stake, so please do NOT rely on your own research or the internet to get your answers. You really need to get a consult with a local attorney ASAP to see if the alleged father will even be able to file a suit or not.

    One thing that can be answered here though is that any legal action will have to be done in your state not the alleged father's state.

  3. #3
    Join Date
    Mar 2010
    Posts
    10

    Default Re: Custody, Rights and Visitation Issues When The Husband Isn't The Biological Fathe

    For benefits, see this link:

    http://www.military.com/benefits/tri...re-eligibility

    Even if his paternity is established, the child will be covered as long as you and mother are married. If you legally adopt, then the coverage will be in effect until the child is 18, regardless of the marriage.

    Hopefully one less thing to worry about?

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