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joshjamera

Junior Member
What is the name of your state (only U.S. law)? Texas
Prior to my marriage my husband had a daughter. We did not know about the child until she was born. The mother decided in the hospital she did not want the child and called our home 2 days prior to her discharge to say she had the baby and was leaving her in the hospital. At the time my then fiance was in Iraq. I emailed him, he contacted her and then he called me. He acknowledged the baby as his and asked me would I consider raising his daughter as my own. ( Him and I were "split" as boyfriend and girlfriend when the child was concieved) Anyway, I agreed and flew to DC to get the baby. The mother and I talked extensively. I stayed in DC for a week then flew home. My husband met his daughter three months later during his R&R. She had already become "my baby" and I loved her just like my own. During his time home him and I were married. The mother did not name her, acknowledge her, call to check on her. She has been with us from birth to now she is 18 months old. NOW, my husband is getting ready for redeployment and there has not been any paperwork filed for out daughter. The mother did not apply for a birth certificate or social security card and my husband did not because she said she would and he is not listed on the vital record as the father. How do we get his name on the birth certificate, give our little one a "legal" name she is listed as "babygirl" with the dept of vital statiscs. The mother told me 18 months ago she did not want to raise the baby and even though she has access to us via phone internet mail etc has not mad any effort to contact us to check on or help take care of the baby. She is thankfully covered by my husbands insurance. Also, what is the process for me to adopt our daughter once the paternity is taken care of. I love my daughter with ALL my heart and want to be her mother in the legal aspect. Please help us. We are lost on the proper way to get to the next level.
Thanks a million times over,
chloesmom
 


CourtClerk

Senior Member
First of all, this is not "our" baby girl, if anything (and I'm not even sure it is), this is HIS baby girl and your husband's daughter. Nothing more, nothing less.

Now, since he was deployed at her birth, but she is covered on his medical insurance, I assume he signed an AOP somewhere along the way.

Nevertheless, your husband needs a family law attorney in DC, but how incredibly irresponsible of him to allow this to linger for 18 months.
 

joshjamera

Junior Member
Pump your breaks...

Regardless of what YOU think. This child is maternally mine. So back up off your opinion of that. I am not going to place all the blame on my husband. He and I have done the absolutely best thing by "OUR" daughter and for that there ar no regrets. Now, HE DID NOT SIGN AN AOP!!!!!!! My job allowed me to carry her under my insurance when I brought her home and once he returned to work afer deployment and our marriage he carries our insurance and they allowed him to add her. MY QUESTION was not about right or wrong but what to do next. For someone who would like to advise instead of judge I would like to hear from you. My husband plans to contact DC vital records on Monday and we decided tonight to contact a lawyer on Monday. I am just not sure if we should contact one here because she had been with us in Texas or in DC because she was born there. Anyway, we will just do it all.
 
.

Consult w/ a lawyer in TX first.
Many lawyers will talk to you free of charge for a certain amount of time and you could ask what you need to do. I've had to get lawyers in TX before and I found many who would talk to me for free for about 10 minutes . Its a start to lead you in the right direction
 

CourtClerk

Senior Member
Regardless of what YOU think. This child is maternally mine.
It's not what I think, it's what the LAW (you do know this is a LEGAL FORUM) thinks and that is... THIS CHILD IS NOT YOURS. Maternally? Did you give birth to her? I didn't think so, or you wouldn't be here.
So back up off your opinion of that.
I will not - and unless you can find some case law that says differently, I suggest YOU back off of it.
I am not going to place all the blame on my husband.
If he decided to take this child home and raise her, then anything involved in the LEGALITIES (because after all this is a LEGAL FORUM) of this he should have taken care of, but again, he's not here attempting to take care of it. He's sent a legal stranger to do it.
He and I have done the absolutely best thing by "OUR" daughter and for that there ar no regrets. Now, HE DID NOT SIGN AN AOP!!!!!!!
Then it's not HIS daughter either... legally.
My job allowed me to carry her under my insurance when I brought her home and once he returned to work afer deployment and our marriage he carries our insurance and they allowed him to add her. MY QUESTION was not about right or wrong but what to do next. For someone who would like to advise instead of judge I would like to hear from you. My husband plans to contact DC vital records on Monday and we decided tonight to contact a lawyer on Monday. I am just not sure if we should contact one here because she had been with us in Texas or in DC because she was born there. Anyway, we will just do it all.
Well good luck. Perhaps they will tell you what you WANT to hear instead of what you NEED to hear.
 

CourtClerk

Senior Member
Consult w/ a lawyer in TX first.
Many lawyers will talk to you free of charge for a certain amount of time and you could ask what you need to do. I've had to get lawyers in TX before and I found many who would talk to me for free for about 10 minutes . Its a start to lead you in the right direction
And how is a TX attorney who is probably only licensed to practice law in TX (and maybe the surrounding states) going to litigate and petition a DC court to establish paternity and amend a DC birth certificate (where this is going to all have to start). This child doesn't even legally have a name. The birth certificate must be amended.... in DC.
 
*cough* *choke* *GAG*

And how is a TX attorney who is probably only licensed to practice law in TX (and maybe the surrounding states) going to litigate and petition a DC court to establish paternity and amend a DC birth certificate (where this is going to all have to start).

I never said he was to litigate and petition a DC court to establish paternity or amend a birth certificate!

I was simply implying to her that she could get advice from a lawyer in TX that would probably tell her she needs to get a lawyer in DC, but advice from any real lawyer is better than no advice at all regardless where the lawyer is licensed!

its definitly better than the advice you gave her Im sure
 
Im outta here

Im out for the rest of the night and just htought you might need some word of encouragemenr so Good luck w/ your daughter.... hope it all works out 4 you!
 

joshjamera

Junior Member
Please dont respond

You are a sad lonely person.....
Unless YOU were there holding the light you dont know IF he created this baby or not. He has every right to claim this child if he wants to. I believe him and that is all that matters.
NOW....when I am the one who nurtered this baby from 4 days old until now, when I am the "MOTHER" she calls when she is happy, sad or scared. When I am the one who teaches her, lover her, provides for her, and love her as much as I love my OTHER daughter and son. YES I AM HER MOTHER...so spin on it with how YOU FEEL about what I said. I should remind YOU this is a legal site as well. If I want to be judged by you I will ring your doorbell in hell.
AND for your information my husband did not SEND me here. I decided to visit this site while he is on military orders to "ready up" to go BACK to Iraq to protect jackasses like you.
Maybe you would feel better if the birth mom abandoned the baby in the hospital and more of your tax dollars were used to take care of her than for her to be in a stable home getting the love and affection she needs. The paperwork we will receive once this process is complete second to the the joy and happiness we feel now. Too bad for you your life isn't as enlighteded.
 

joshjamera

Junior Member
Thanks Ilovetwins

Thank you for your advice and encouragement. I will get to work on consulting with an attorney on Monday. Hopefully you are not too put off with this "poser". Maybe they will just "go away" if not they are no longer worthy of my energy.
So, thanks again and I will repost when I have some great news that I expect to come.
Good night:D
 

stealth2

Under the Radar Member
ilovetwins doesn't know jack. If you want support, go to oprah.com. This child is not LEGALLY *yours* OR your husband's. That's the legality of the situation. Period, end of story.

Any other advice, I'd suggest you go pay for it as you've burned your bridges here.
 

LdiJ

Senior Member
The bottom line here is that OP and her husband need to consult a local adoption attorney about how to proceed.

This is clearly not a DIY project and is clearly something that needs to be handled ASAP.
 

Just Blue

Senior Member
The bottom line here is that OP and her husband need to consult a local adoption attorney about how to proceed.

This is clearly not a DIY project and is clearly something that needs to be handled ASAP.
I agree...I also wonder how the law would look at this situation. "Dad" is not Dad. "Mom" is not mom. How do these people get medical attention for this child? And why the heck didn't "Dad" establish paternity in EIGHTEEN MONTHS??!! How can he be sure that he is biologically the father...Just because the woman he had unprotected sex with says so??

This situation screams of immense legal problems for the mother, prospective father and wanna be "mother".
 

knowledge

Junior Member
At this point your husband needs to come off it and take resposablity for his child, if that is what he is going to do Because court clerk, although harsh, is corret it the fact that the child is basicly a jane do. Her real mom got out without signing anything, and the so called dad has not steped up. legally this child has NO parent. Untill you pitition for adoption of her, you are not legally mom, no matter how long you have had her. I know that suck to hear but it is true. If you do decide to adopt her, make sure you hubby setps up. If you get devorced, your on your own.

Peace be with you and good luck.
Hope your hubby will do the right thing.
 
Last edited:

Zigner

Senior Member, Non-Attorney
At this point your husband needs to come off it and take resposablity for his child, if that is what he is going to do Because court clerk, although harsh, is corret it the fact that the child is basicly a jane do. Her real mom got out without signing anything, and the so called dad has not steped up. legally this child has NO parent. Untill you pitition for adoption of her, you are not legally mom, no matter how long you have had her. I know that suck to hear but it is true. If you do decide to adopt her, make sure you hubby setps up. If you get devorced, your on your own.

Peace be with you and good luck.
Hope your hubby will do the right thing.
Nope - LEGALLY, this child has a MOTHER who gave birth to said child!

(This thread is a bit stale now too - please keep an eye on the dates...)
 

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