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  1. #1
    bluerosejaci is offline Junior Member
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    presumed father's rights

    What is the name of your state (only U.S. law)? Alabama

    My husband has been a father to this little girl for 4 years. His first wife cheated on him and they got divorced. She was living with the man she had an affair with and she went out and cheated on him and got pregnant, her boyfriend threw her out. My husband took her back knowing she was pregnant with another man's child and told her he would be a father to the child. After the child was around 18 months old, she left him again and took the child. I forgot to mention that my husband had a son with her while they were married, he got full custody during the divorce.

    My husband remained in his daughter's life up till now, she's 4. He signed the birth certificate when she was born. His ex-wife since then has met someone new, they've been together for about 7 months and now she refuses to let my husband see his daughter anymore. She's stated that she doesn't need my husband anymore and her new boyfriend is her daughter's dad now. My husband's daughter even gets punished if she calls my husband her dad. My husband and I are very concerned about her welfare. We've heard rumors of neglect. The rumors are coming from her grandmother, the mother's mom. She thinks we should get custody of her or at least get some legal visitation rights. My husband loves her very much and has always thought of her as his daughter and doesn't want to lose her, what rights does he have?What is the name of your state (only U.S. law)?
    Last edited by bluerosejaci; 08-01-2008 at 12:56 PM.
  2. #2
    Zephyr is offline Senior Member
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    was the daughter specified in the custody order?
  3. #3
    Isis1 is offline Senior Member
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    if mom and dad were not married at the time of this child's birth, then dad commited fraud knowing the child isn't his.

    he may not have been in this child's life long enough tp be considered parent de facto (i may have termed that wrong)

    be patient for other seniors to advise. they do this on their free time,
  4. #4
    bluerosejaci is offline Junior Member
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    The mother didn't know really who the father was. My husband thought they were getting back together and planned on being her father since the other potential fathers didn't want anything to do with the pregnancy. There was never a custody case since they were already divorce when the child was born. My husband claimed this child cause no one else would and he wanted to be her father and he's done that since she was born. My husband's ex-wife told me she thought she knew who the biological father is now but he already has other kids he's not supporting.
  5. #5
    Isis1 is offline Senior Member
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    if he wants to be in this child's life, mom has to agree to it. so he would need to play nice with mom. mom is not legally required to allowd your husband to see her child.
  6. #6
    bononos again is offline Member
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    Quote Originally Posted by IsabellaSoriano View Post
    if he wants to be in this child's life, mom has to agree to it. so he would need to play nice with mom. mom is not legally required to allowd your husband to see her child.
    There was no paternity test done OP?

    This child could be the other man's or your hubby's.

    They were still together when she concieved, right?
  7. #7
    Zephyr is offline Senior Member
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    when dad signed the birth certificate, did he also sign the affidavit of paternity?
  8. #8
    Isis1 is offline Senior Member
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    Quote Originally Posted by bluerosejaci View Post
    What is the name of your state (only U.S. law)? Alabama

    My husband has been a father to this little girl for 4 years. His first wife cheated on him and they got divorced. She was living with the man she had an affair with and she went out and cheated on him and got pregnant, her boyfriend threw her out. My husband took her back knowing she was pregnant with another man's child and told her he would be a father to the child. After the child was around 18 months old, she left him again and took the child. I forgot to mention that my husband had a son with her while they were married, he got full custody during the divorce.

    My husband remained in his daughter's life up till now, she's 4. He signed the birth certificate when she was born. His ex-wife since then has met someone new, they've been together for about 7 months and now she refuses to let my husband see his daughter anymore. She's stated that she doesn't need my husband anymore and her new boyfriend is her daughter's dad now. My husband's daughter even gets punished if she calls my husband her dad. My husband and I are very concerned about her welfare. We've heard rumors of neglect. The rumors are coming from her grandmother, the mother's mom. She thinks we should get custody of her or at least get some legal visitation rights. My husband loves her very much and has always thought of her as his daughter and doesn't want to lose her, what rights does he have?What is the name of your state (only U.S. law)?
    apparently there are 3 prospective fathers here. two who might be, and one who wants to be.
  9. #9
    Zephyr is offline Senior Member
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    One is likely already the LEGAL father so all others are moot at this point
  10. #10
    TheGeekess is offline Senior Member
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    Here are the two sections of Alabama code dealing with your husband's situation.

    Title 30 MARITAL AND DOMESTIC RELATIONS.
    [url]http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/128972.htm[/url]
    Title 26 INFANTS AND INCOMPETENTS.
    [url=http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/19865.htm]Table of Contents for 19865[/url]

    I don't have the time right this instant to do any further research but will be glad to do some this evening after I get home from work.
  11. #11
    bluerosejaci is offline Junior Member
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    My husband and his ex-wife was living together when the child was born, he supported her through the pregnancy, was there when she was born and has been there for the past 4 yrs as her dad. No, there's no chance he's the biological father, he just loved his ex so much that wanted take care of her and the child as his own to prevent her reputation from being ruined and the child not having a dad listed on her birth certificate. There is another child in the picture that my husband has full custody of and the mother doesn't want any part of, so he is also being robbed of his sister as well.


    Since my husband and I have been married we took his daughter in and took care of her all together for a year because the mother didn't have a safe enough enviroment for her to live in. Her mother took her back when she met this new person who has became very obsessed with my husband's daughter that even the grandmother is very concern. The grandmother is concern that there may be sexual abuse going on and when she confronted her daughter about it, her daughter said she's consider having her checked out but she doesn't want people to point fingers at her boyfriend, so that's why she's not having her checked out.
  12. #12
    bluerosejaci is offline Junior Member
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    The mother listed him as the dad when the child was born and his name is on the birth certificate as her father. They were at the time living together as husband and wife even though they were legally divorced.
  13. #13
    Zephyr is offline Senior Member
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    how soon after the divorce was the child born?
  14. #14
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    Quote Originally Posted by IsabellaSoriano View Post
    if mom and dad were not married at the time of this child's birth, then dad commited fraud knowing the child isn't his.

    he may not have been in this child's life long enough tp be considered parent de facto (i may have termed that wrong)

    be patient for other seniors to advise. they do this on their free time,
    I am not familiar with Alabama law, but in Kentucky, ther term is "de facto custodian." If you are determined to be a defacto custodian, by law, you are placed on the same legal grounds as a biological/birth parent.

    Also, in KY, you the determination of whether or not you are "de facto custodian" is made only when a person can prove that they have been PRIMARY CAREGIVER for a certain period of time (different time for different ages of the children).

    Have you been able to review your state laws related to custody, visitation, de-facto custodian status?
  15. #15
    bluerosejaci is offline Junior Member
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    I'm not sure exactly what month they were divorce, i'm working on finding that information. I do know they was divorced in 2003 and the daughter was born in april of 2004.

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