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  #1  
Old 05-11-2009, 02:11 PM
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legal father vs. biological father rights

What is the name of your state (only U.S. law)? case in FL
I married a man, him knowing full well I was pregnant and it was not his after the birth of my son, he did sign the birth certificate. Our marriage lasted about a year, we went through a messy divorce and I decided to get back together with my sons biological father, my ex husband and his family did everything they could to keep me in Florida and keep him as the legal father. He lied dramatically in court and is the legal father. However once he got engaged hes now decided he doesnt want to be the legal father. My sons biological father and I are not married, does that present a problem? Can i do this without involving an attorney and what papers are neccesary? Need help!
Last edited by ashnchris222; 05-11-2009 at 02:13 PM.
  #2  
Old 05-11-2009, 02:21 PM
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Quote:
Originally Posted by ashnchris222 View Post
What is the name of your state (only U.S. law)? case in FL
I married a man, him knowing full well I was pregnant and it was not his after the birth of my son, he did sign the birth certificate. Our marriage lasted about a year, we went through a messy divorce and I decided to get back together with my sons biological father, my ex husband and his family did everything they could to keep me in Florida and keep him as the legal father. He lied dramatically in court and is the legal father. However once he got engaged hes now decided he doesnt want to be the legal father. My sons biological father and I are not married, does that present a problem? Can i do this without involving an attorney and what papers are neccesary? Need help!
i'd advise getting an attorney. this is too messy.
  #3  
Old 05-11-2009, 05:30 PM
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So you and he committed fraud when you had him sign the birth certificate stating he WAS the father?
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  #4  
Old 05-12-2009, 09:39 AM
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have bio dad adopt
  #5  
Old 05-12-2009, 10:49 AM
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And what does a DNA test show?
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  #6  
Old 05-12-2009, 01:13 PM
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biological dad wants to adopt but our understanding is we have to be married in order for him to adopt, and the dna test showed that he is indeed the biological father however that did not matter in court. Yes I suppose he and I did commit fraud, at the time we didn't realize the seriousness of it.
  #7  
Old 05-12-2009, 01:21 PM
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So get married and have biodad adopt his child.

If biodad is living with and raising the child, and legal dad is agreeable, why shouldn't biodad be financially responsible for the child you and he both made together and are raising together?
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  #8  
Old 05-12-2009, 01:38 PM
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Originally Posted by ashnchris222 View Post
What is the name of your state (only U.S. law)? case in FL
I married a man, him knowing full well I was pregnant and it was not his after the birth of my son, he did sign the birth certificate. Our marriage lasted about a year, we went through a messy divorce and I decided to get back together with my sons biological father, my ex husband and his family did everything they could to keep me in Florida and keep him as the legal father. He lied dramatically in court and is the legal father. However once he got engaged hes now decided he doesnt want to be the legal father. My sons biological father and I are not married, does that present a problem? Can i do this without involving an attorney and what papers are neccesary? Need help!
Can someone say "musical daddy's"???
  #9  
Old 05-12-2009, 03:23 PM
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I was unaware this was a site for bashing. If you don't have any advice for me to use then keep your comments to yourself. My sons biological father is financially responsible for him, we just don't want to get married yet. So all Im asking is if someone knows what paperwork I need to get this straightened out thank you.
  #10  
Old 05-12-2009, 03:24 PM
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Quote:
Originally Posted by ashnchris222 View Post
I was unaware this was a site for bashing. If you don't have any advice for me to use then keep your comments to yourself. My sons biological father is financially responsible for him, we just don't want to get married yet. So all Im asking is if someone knows what paperwork I need to get this straightened out thank you.
Answer:
Quote:
Originally Posted by momofrose View Post
Can someone say "musical daddy's"???
...
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  #11  
Old 05-12-2009, 03:27 PM
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Quote:
Originally Posted by ashnchris222 View Post
I was unaware this was a site for bashing. If you don't have any advice for me to use then keep your comments to yourself. My sons biological father is financially responsible for him, we just don't want to get married yet. So all Im asking is if someone knows what paperwork I need to get this straightened out thank you.
So what happens when you and bio dad decide to call it quits again? Will jr get yet another "daddy"? Who does this child know as "dad"...THAT is a BIG question here that could make this situation that much more messy....
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The "debt" wasn't created by the court. The "debt" was created by the tube-steak boogie
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Originally Posted by FingerLakes View Post
1st: I am not an attorney
2nd: I didn't stay in a Holiday Inn Express last night.
Quote:
Originally Posted by MoneyShot View Post
A "silly mistake" is showing up in a costume at a formal event...
If you cannot have a criminal record, then don't commit criminal acts - seems simple enough.
  #12  
Old 05-12-2009, 03:34 PM
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the one and only person he has known as "dad" is his biological dad. My son is four, I left my husband before he was one. He has had no communication with my ex for years. If we called it quits he would still be a father to his son. We have another child together, we just dont want to get married right now.
  #13  
Old 05-12-2009, 03:41 PM
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Quote:
Originally Posted by ashnchris222 View Post
the one and only person he has known as "dad" is his biological dad. My son is four, I left my husband before he was one. He has had no communication with my ex for years. If we called it quits he would still be a father to his son. We have another child together, we just dont want to get married right now.
Ugh, lets hope your child grows up with a little more common sense than you have. *sigh*

"Bio dad" may be able to contest "Legal Dad" in court but he isnt going to be able to do it without an attorney. This is a complicated issue that cannot be resolved by just filling out some forms. Find a local family attorney and both of you get yourselves a consultation to see what your options are (or rather, what "Bio dads" options are). Seeing as "Legal Dad" was not in the picture for very long ,this may be a benefit for "Bio Dad" as the longer a child resides with and becomes accustomed to "Legal Dad" the harder it is legally to change that...best interests of the child and all....the problem that may complicate things is that its been 4 yrs. The court may want to know what has taken "Bio dad" so long to legally step forward. This may make this option null and void. Again, find a family attorney and go from there.

If the court decides to not overturn "Legal dads" standing, than your only other option would then be to marry "Bio dad" and have him begin adoptions proceedings. Since you're in FL you may not have to wait the minimal year marriage to get the process completed.

One more thing, is "Legal Dad" paying child support for jr???
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Quote:
Originally Posted by Zigner View Post
The "debt" wasn't created by the court. The "debt" was created by the tube-steak boogie
Quote:
Originally Posted by FingerLakes View Post
1st: I am not an attorney
2nd: I didn't stay in a Holiday Inn Express last night.
Quote:
Originally Posted by MoneyShot View Post
A "silly mistake" is showing up in a costume at a formal event...
If you cannot have a criminal record, then don't commit criminal acts - seems simple enough.
Last edited by RRevak; 05-12-2009 at 03:47 PM.
  #14  
Old 05-12-2009, 03:50 PM
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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.
Last edited by ashnchris222; 05-12-2009 at 03:55 PM.
  #15  
Old 05-12-2009, 03:51 PM
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Quote:
Originally Posted by ashnchris222 View Post
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 has parental rights.
Quotable...
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