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Non-Biological Father wants custody

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villavilla

Junior Member
What is the name of your state? Texas
Quick question:

My ex-wife wants me to pay child support for her son. I love her son and would like to remain in his life. If we agree to support and visitation for her son in the divorce decree but I have not legally adopted him, can she change her mind at a later date and modify the decree to leave me out? I guess the question is, should I adopt him to ensure that she cannot remove him from my life.
Thanks
 


Ohiogal

Queen Bee
villavilla said:
What is the name of your state? Texas
Quick question:

My ex-wife wants me to pay child support for her son. I love her son and would like to remain in his life. If we agree to support and visitation for her son in the divorce decree but I have not legally adopted him, can she change her mind at a later date and modify the decree to leave me out? I guess the question is, should I adopt him to ensure that she cannot remove him from my life.
Thanks
You can't adopt him. You are his EX STEPFATHER by your posting. Or his soon to be ex stepfather. NO court is going to allow you to adopt this child because courts will not purposely allow a child to become a product of divorce. They want children in stable homes.
Sounds like your ex wants MONEY. Tell her to go after the child's biological father for the cash. That is the person WHO needs to be monetarily supporting the child. There is no good that can come of this situation because your ex wife holds all the cards.
 

JThomas

Junior Member
It's a shame more biological fathers don't feel the same way, I know I wish my ex felt that way, but at least he's paying child support.
 
L

leogirl

Guest
ex is greedy

villavilla said:
What is the name of your state? Texas
Quick question:

My ex-wife wants me to pay child support for her son. I love her son and would like to remain in his life. If we agree to support and visitation for her son in the divorce decree but I have not legally adopted him, can she change her mind at a later date and modify the decree to leave me out? I guess the question is, should I adopt him to ensure that she cannot remove him from my life.
Thanks
your ex cannot make you pay support for a child thats not yours. and the time to adopt him was when you and she were married. its too late now. i agree with the op, tell your ex to go after the bio dad for support, he is the one who should be paying, not you. i doubt a judge is going to go for the idea of an ex stepdad paying support for his ex stepchild.
 
Couldn't you ask for step-parent rights to see the child? Maybe explain to the judge the bond you have with the child and ask for some visitation?
 

ceara19

Senior Member
ajritter04 said:
Couldn't you ask for step-parent rights to see the child? Maybe explain to the judge the bond you have with the child and ask for some visitation?
He could ASK, but his chances are very slim in Texas. If they has bio kids together and the real father was completely out of the picture (no court ordered visitation at all) he MIGHT have a very, very slim chance.

Honestly, the expense of just TRYING to get court ordered visitation would probably be higher then just throwing a few buck mom's way every month so that she would allow it.
 
ceara19 said:
He could ASK, but his chances are very slim in Texas. If they has bio kids together and the real father was completely out of the picture (no court ordered visitation at all) he MIGHT have a very, very slim chance.

Honestly, the expense of just TRYING to get court ordered visitation would probably be higher then just throwing a few buck mom's way every month so that she would allow it.
AH, Ok...I know here in New Mexico or at least in the county I live in. When I was going through a divorce with my first husband the judge asked him if we wanted step-parent support and visitation.
 

ceara19

Senior Member
ajritter04 said:
AH, Ok...I know here in New Mexico or at least in the county I live in. When I was going through a divorce with my first husband the judge asked him if we wanted step-parent support and visitation.
Even if they both agreed to visitation, the judge would likely make them get DAD'S permission also before issuing an actual order. Plus, it could be very difficult to ENFORCE the order if either one later changed their mind.
 

Silverplum

Senior Member
JThomas said:
It's a shame more biological fathers don't feel the same way, I know I wish my ex felt that way, but at least he's paying child support.
Shut up, idiot. You don't have any standing whatsoever to make such a stupid and sweeping statement.

You have just insulted millions, possibly billions of loving fathers.
 

Zephyr

Senior Member
Silverplum said:
Shut up, idiot. You don't have any standing whatsoever to make such a stupid and sweeping statement.

You have just insulted millions, possibly billions of loving fathers.

and isn't she the one who moved the child away from dad for her own selfish reasons????:rolleyes: :rolleyes: :rolleyes: :rolleyes: *rolling eyes so hard I have a headache*
 

Silverplum

Senior Member
Zephyr said:
and isn't she the one who moved the child away from dad for her own selfish reasons????:rolleyes: :rolleyes: :rolleyes: :rolleyes: *rolling eyes so hard I have a headache*
**hands Zephyr the virtual aspirin**

Yeah. I do believe she is. We should feel sorry for her, though, because she cannot help but display her ignorance each time she types. :p
 

villavilla

Junior Member
What if I signed an Acknowledgement of Paternity just months before we split up? I'm starting to think she got me to sign that knowing she would be leaving me...Maybe she tricked me....Maybe I'm not sure what I signed.
 

fairisfair

Senior Member
villavilla said:
What if I signed an Acknowledgement of Paternity just months before we split up? I'm starting to think she got me to sign that knowing she would be leaving me...Maybe she tricked me....Maybe I'm not sure what I signed.
Were you possibly the father of this child??

If she tricked you, then you can dispute any AOP you might have signed accidentally, however, if she does use the AOP to get child support, you can use it to get visitation and custody, but boy would that be a can o' worms.

and by the way, where is bio dad??
 

AHA

Senior Member
Zephyr said:
and isn't she the one who moved the child away from dad for her own selfish reasons????:rolleyes: :rolleyes: :rolleyes: :rolleyes: *rolling eyes so hard I have a headache*
I bet she even walks around calling herself a great mom for having stolen a child away from it's dad. What a disgrace for all women/mothers!!!!!!!! She must have some kind of head problem, if she thought her comment was fitting.
 
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