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05-12-2009, 03:53 PM
| | Junior Member | | Join Date: May 2009 Location: Walworth, WI
Posts: 11
| | | I no longer live in Florida, thats where the case is, I live in Wisconsin. Could I get a lawyer in wisconsin as long as they can practice in florida or is that pointless? |
05-12-2009, 03:56 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 14,766
| | Quote:
Originally Posted by ashnchris222  I no longer live in Florida, thats where the case is, I live in Wisconsin. Could I get a lawyer in wisconsin as long as they can practice in florida or is that pointless? | The point is to have an attorney that is licensed to practice in FL. If you can find one in WI, good for you. If not, hire one in FL.
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"Judges want people to be reasonable. Where one parent won't be reasonable, judges still want the other parent to remain reasonable." (Ford)
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05-12-2009, 04:04 PM
| | Junior Member | | Join Date: May 2009 Location: Walworth, WI
Posts: 11
| | | Is it necessary for us to be married or do you think with special circumstances we could try now? |
05-12-2009, 05:38 PM
| | Member | | Join Date: Apr 2009
Posts: 118
| | Quote:
Originally Posted by ashnchris222 You people judge and you don't even know... The biological father and i had seperate attorneys who did nothing for us, so he had stepped forward long ago. My ex and his picture perfect family swayed the judge in their favor. He has 180 taken out of his check monthly for child support which is the main reason he wants to give up his parental rights. |  My head hurts now |
05-12-2009, 05:47 PM
| | Senior Member | | Join Date: Jan 2003
Posts: 19,145
| | | If you and the child's biodad are living together as a family, and the child has never had a relationship with biodad, and knows biodad as his dad, why, in heaven's name are you even allowing "legal dad", to pay ANY support? Biodad and you should be supporting the child you created and are raising together.
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Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
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05-12-2009, 06:01 PM
| | Junior Member | | Join Date: May 2009 Location: Walworth, WI
Posts: 11
| | | None of you understand what I had to go through to be allowed to move from Florida to Wisconsin. My ex husband and his crazy family did everything to keep me in Florida. When I left and we got our divorce we had to come to an agreement, in which he was suppose to get visitation every other month, and his child support was suppose to be 700 a month. I told my attorney and him that I didnt want any money I just wanted out, they said the judge would not allow that, that the minimum needed to be 188 so we agreed to that. I havent been able to afford to pay my attorney and thats why Im trying to do this without the help of an attorney because I still owe her money. Stop being so judgemental on a situation you dont kow anything about. We have been seperated about three years and only legally divorced almost a year. Our divorce took two years to get through. |
05-12-2009, 06:08 PM
| | Member | | Join Date: Apr 2009
Posts: 118
| | Quote:
Originally Posted by ashnchris222 None of you understand what I had to go through to be allowed to move from Florida to Wisconsin. My ex husband and his crazy family did everything to keep me in Florida. When I left and we got our divorce we had to come to an agreement, in which he was suppose to get visitation every other month, and his child support was suppose to be 700 a month. I told my attorney and him that I didnt want any money I just wanted out, they said the judge would not allow that, that the minimum needed to be 188 so we agreed to that. I havent been able to afford to pay my attorney and thats why Im trying to do this without the help of an attorney because I still owe her money. Stop being so judgemental on a situation you dont kow anything about. We have been seperated about three years and only legally divorced almost a year. Our divorce took two years to get through. | Did you ever tell the judge that the reason you didn't want to collect child support was because you knew for a fact that your ex was not the legal father? |
05-12-2009, 06:15 PM
| | Junior Member | | Join Date: May 2009 Location: Walworth, WI
Posts: 11
| | | Yes we had paternity tests done and everything. My ex husbands mother had connections with high up attorneys in Tampa where I used to live and I believe she had something to do with the unfair way me and my sons biological father were treated. She never even took that into consideration. Both him and I have spent twenty thousand in attorney/court fees so we have both tried to get this resolved we just dont want to put anymore money into it until we know that the judge will okay this change. His family fought real dirty throughout this divorce, and Im just worried that the judge will see how they fought and then see that he wants to give it up and not let it happen, if that makes sense. Every attorney Ive spoken with does not see how he was deemed legal father.
Last edited by ashnchris222; 05-12-2009 at 06:42 PM.
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05-12-2009, 10:53 PM
| | Senior Member | | Join Date: Apr 2007 Location: Iowa
Posts: 1,739
| | Quote:
Originally Posted by ashnchris222 Every attorney Ive spoken with does not see how he was deemed legal father. | Frankly, after reading the FL statues, I don't see any way that your ex-husband would NOT have been deemed the legal father.
Because you were married to him when the child was born, he was the legal father at the time of the birth. No other action was needed to establish his paternity. This would have been the case even if you had not listed his name on the birth certificate.
Furthermore, the fact that he DID consent to be named the father on the child's birth certificate would seem to preclude his paternity being disestablished and/or child support obligation terminated under Florida Domestic Relations Code Section 742.18: Quote:
742.18 Disestablishment of paternity or termination of child support obligation.--
(3) Notwithstanding subsection (2), a court shall not set aside the paternity determination or child support order if the male engaged in the following conduct after learning that he is not the biological father of the child:
(a) Married the mother of the child while known as the reputed father in accordance with s. 742.091 and voluntarily assumed the parental obligation and duty to pay child support;
(b) Acknowledged his paternity of the child in a sworn statement;
(c) Consented to be named as the child's biological father on the child's birth certificate;
(d) Voluntarily promised in writing to support the child and was required to support the child based on that promise;
(e) Received written notice from any state agency or any court directing him to submit to scientific testing which he disregarded; or
(f) Signed a voluntary acknowledgment of paternity as provided in s. 742.10(4).
| [url=http://law.onecle.com/florida/domestic-relations/742.18.html]Florida Domestic Relations Code Section 742.18 - Determination Of Parentage - Disestablishment of paternity or termination of child support obligation. - Florida Attorney Resources - Florida Laws[/url]
Therefore, it would seem the only avenue left is a TPR and step-adoption. As others have already advised, you will need an attorney if you are considering this option.
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05-22-2009, 12:57 PM
| | Junior Member | | Join Date: May 2009
Posts: 1
| |  This is crazy!
Yeah the law is pretty crazy. Im going through a similar situation with my sons "legal father" who has been nothing but problems since day one. Mind you hes not my sons real father but since he's been in my sons life since birth but has been nothing but trouble from domestic violence to bashing on my lesbian marriage. My wife wants to adopt him as her child but im not sure if its going to be a problem with our son having a ''legal father'' . We been going through this for a whole year now. The judge handling my case made a judgement stateing this man to be his legal father but now what about my wife she wants to adopt him. I just dont know what to do anymore. This judge is suppose to be doing whats best for the child so hes going to have my son believe this man is his father when hes really not?? How is this in the best interest of the child please explain!! |
05-22-2009, 01:22 PM
| | Senior Member | | Join Date: Mar 2004
Posts: 4,258
| | Quote:
Originally Posted by TaniaAponte Yeah the law is pretty crazy. Im going through a similar situation with my sons "legal father" who has been nothing but problems since day one. Mind you hes not my sons real father but since he's been in my sons life since birth but has been nothing but trouble from domestic violence to bashing on my lesbian marriage. My wife wants to adopt him as her child but im not sure if its going to be a problem with our son having a ''legal father'' . We been going through this for a whole year now. The judge handling my case made a judgement stateing this man to be his legal father but now what about my wife she wants to adopt him. I just dont know what to do anymore. This judge is suppose to be doing whats best for the child so hes going to have my son believe this man is his father when hes really not?? How is this in the best interest of the child please explain!! | You need to start your own thread if you want advice on your situation. | |
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