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10-27-2005, 08:03 PM
| | Junior Member | | Join Date: Nov 2004
Posts: 4
| | | Needing Domestic Help
What is the name of your state? Currently In Tennessee
My partner and I met in North Carolina in 2002, and she subsequently told me that she was 8 weeks pregnant. We decided to see each other, and 7 months later she gave birth to a girl. I signed the birth certificate as the biological father even though I am not. We lived together in North Carolina for the next 6 or so months, then moved to South Carolina. While in South Carolina, after deciding that we would marry, we filed our taxes as a married couple filing jointly. We moved back to NC 15 months later where we lived for another 13 months and again filed our taxes as a married couple filing jointly. We then moved to Tennessee in February of this year, and in August she went back to North Carolina under the presumption of going to school there. Yesterday she arrived here in Tennessee, WITHOUT MY DAUGHTER, to tell me that we were through. I believe that under the laws of the state of South Carolina, we were legally married, AND that legally, North Carolina and Tennessee will recognize that union as legitimate. However, she does not believe that we are married, and that I have no rights to have my daughter returned to my home in Tennessee. I dont want us to be apart, but she is steadfast that she doesnt want to be with me. What is the status of our union, and what are my legal options??????????  |
10-27-2005, 08:39 PM
| | Senior Member | | Join Date: Jan 2005 Location: Broom closet
Posts: 2,377
| | | You may have a common law marriage according in SC. You need to google too see what the exact requirements are.
As far as the child goes, you both have committed paternity fraud. The child was born out-of-wedlock, therefore mom could ask for a paternity test, which will show that you are not the father.
You shoud retain an atty to see if you could be adjudicated the legal father and possibly obtain a divorce. Until that time, you have no rights.
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10-29-2005, 07:53 PM
| | Senior Member | | Join Date: Oct 2005 Location: Tennessee
Posts: 3,690
| | | You also
Commited tax fraud by filing as a married couple even though you were not. That my good man is a Felony offense. Let this woman go and move on with your life. If it ever comes out that you filed married then the IRS can go back to those years and ammend your return and make you pay any taxes due plus interest and penalties. |
10-30-2005, 11:50 AM
| | Senior Member | | Join Date: Jan 2005 Location: Broom closet
Posts: 2,377
| | Quote: |
Originally Posted by acmb05 Commited tax fraud by filing as a married couple even though you were not. That my good man is a Felony offense. Let this woman go and move on with your life. If it ever comes out that you filed married then the IRS can go back to those years and ammend your return and make you pay any taxes due plus interest and penalties. | Not if they are common law married.
__________________
"Don't worry. It only seems kinky the first time."
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Instead of being born again, why not just grow up?"
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