vibbershniven said:
It runs deeper than that...
What I'm getting at is my wife took my last name, but we were only together for a few months after the ceremony(affairs on her part.) Anyways two weeks later she had her boyfriend(affair #3) move in with her. On all of my daughter's medical records is has her signing my last name, stating that she lives with me and presenting the other guy as ME, her husband!
See because she used her married name on everything and stated that she lived with the father(my daughter has my last name), medicaid never went after me, the real father, for medical bills. This is bad because my wife took my daughter when she was two months old and ran! If medicaid went after the listed father on the birth certificate(of which they are suppose to), I would have been notified of where she had gone; however, since she listed on everything that she was married, with my last name and lived with me they never contacted the actual me. I didn't find my daughter until 14 months passed and 9 different address for my wife.
All that happens and then we finally go to court and she said she never took my last name, never used it, and that I'm the one that ran out and didn't want or try to see my daughter.
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Ok well the question then comes down to whether or not you are still married...By the way you make it sound I would hope to god that you either got the marriage annuled if it is possible in your conditions or got a divorce.
But, If you didn't get either and you are still technically married in the matter at hand, then the case being that you as the parent are legally responsible for that child's medical insurance if you are currently getting insurance through an employer or have the ability to do so unless otherwise directed by the courts as other than that I have stated...I mean if you are on county assistance and your wife or ex-wife has medical insurance through a company then they are going to make her get the insurance through her company at her expense...If you both are county covered by medicare, medicaid, or medical assistance, then they will put it under her case for she has primary care of the children.
As far as her signing the papers it depends upon the condition...If she is using your Full name considering First and Last name...Then she can be held accountable for forgery being that you did not consent to such forms and it wasn't you who signed your name on them papers...That would be the first thing...Next, if you are divorced or annuled which now that I see it with a child you have to divorce...You cannot annul unless the conditions of her still being married to someone else exists, then when you get the divorce if not all ready have then you can state the stipulations and address to the courts on what she did...Otherwise if the divorce all ready took place then the responsibility for such bills and medical issues will be stated for whom is responsible for what in those papers...In most cases the father is liable for the child's medical exspenses whether they have custody or not until such child(dren) are adopted by outside family for the (ex)wife remarries and the new husband adopts the children with both scenarios being of and with your consent of course...
So you can either press charges against her for forgery or ignore the matter and do nothing about it unless you haven't started the divorce and are going to do so then I would document everything possible about the situation that arose and continues to arise so the judge is aware of what is going on and what he will come to decide to see as in the best interest for the child(ren).
If you haven't started the divorce then I would suggest doing so immediately by addressing a petition to the court for temporary custody or custodial rights or visitation rights to the child(ren) so you can get your parenting time with the child(ren) as needed to best suit the outcome of what the final custody decision will be in the long run if you are looking to try and gain custody.
Cause if no motion for dissolution of the marriage is progress or has been filed then she can do what ever she wants.
If the court gives you full custody then she has to turn the child(ren) over to you until the end of the legal proceedings when the final custody decision is sought.
If you get joint custody then she is not allowed to leave state with the child(ren) unless it is with your consent in which case will usually be held by a legal paper signed by the both of you stating its ok...But then she would still have to keep in contact with you and let you know the well being of the child(ren) as well as where the child(ren) is located so you can see them...Otherwise she would be kidnapping you and breaking court order which would then fall into your favor.
So I guess I would best say to have you check into a lawyer and if you can't afford one then there are usually Legal Services from the county in which usually cost nothing to you if you meet their criteria or will work with you on a sliding fee scale...I guess its up to you on what you have all ready done, what you want, and what you are willing to do...Either way I hope this has helped and that I wish you luck and if you need any further help feel free to post more if you would like...
