JR Dischert said:
New York - my sister-in-law has a serious problem...she's on her second divorce(the soon-to-be ex is not contesting it), however, her first ex-husband is taking her to court for custody of their children (2 boys, 1 girl)and of course child support. The problem is that he (the first ex) is not the biological father of the 2 boys, only the daughter. The boys are 16 & 17 yoa. What can she do? Shouldn't she let her lawyer and the court know that he isn't the real father? The first ex never has adopted the boys and we are pretty sure he doesn't know the someone else is the real father. Help!
You have not provided all of the details to make a solid answer however I will give it a shot. The first father, or husband is seeking to be the father of three kids, one which is his by association of DNA, now what about the two boys. Where the two boys adopted, did he raise them since they where little, is there visitation in place rightnow. I am sure you have heard this before but biology does not always matter in determining CS and visitation, however the act of assuming the care of the child can be a very very strong foundations. So, if the father of the two boys, is one that has been there the whole time and is paying child support then yes he has a right in this situation.
However, you have made it sound as if the first ex just came out of know where to take control. I do not see how that could happen, but what is important is if you are getting represeneted that you disclose all of it to your lawyer so he can bill and represent you to the best of his/her capabilities.
