A bit complicated...

[GV70]

What is the name of your state? Massachusetts
Hello everyone!
A child was born in marriage but the husband was not the father.The bio-father appeared and disestablished husband's presumption in Court.After that the bio-father decided he did not like to pay court ordered recoupment and damages to the husband .The mother also wanted her husband as a legal father of her child.The question is:May the bio-father and the mother to appeal this court decision in higher court without an agreement of the husband?
I appreciate every opinion.
Thank you in advance

 

[LdiJ]

What is the name of your state? Massachusetts
Hello everyone!
A child was born in marriage but the husband was not the father.The bio-father appeared and disestablished husband's presumption in Court.After that the bio-father decided he did not like to pay court ordered recoupment and damages to the husband .The mother also wanted her husband as a legal father of her child.The question is:May the bio-father and the mother to appeal this court decision in higher court without an agreement of the husband?
I appreciate every opinion.
Thank you in advance

Ok...you mean that dad and the mother want to re-establish paternity of her husband (or possibly ex husband?) after its already been established by DNA that he is NOT the father? Without his consent?

No, that's NOT going to happen.

Now, if the husband and wife are going to be staying together, and the husband is willing to adopt the child, then it could be possible for the dad and mom to agree that dad's paternity rights would terminated to allow the husband to adopt. However there is no way to make the husband the legal father without his consent.

 

[CJane]

Huh?

Mom and BioDad want to DISESTABLISH the paternity and REESTABLISH it to the Exhusband?

Are you serious?

 

[majomom1]

What is the name of your state? Massachusetts
Hello everyone!
A child was born in marriage but the husband was not the father.The bio-father appeared and disestablished husband's presumption in Court.After that the bio-father decided he did not like to pay court ordered recoupment and damages to the husband .The mother also wanted her husband as a legal father of her child.The question is:May the bio-father and the mother to appeal this court decision in higher court without an agreement of the husband?
I appreciate every opinion.
Thank you in advance

Do I understand this correctly... you want your husband to again be the 'legal' father of the child?

And apparantly husband doesn't agree so you, and bio dad, want to MAKE him be the legal father, even though he doesn't want to?

Not gonna happen. This has to make the top ten list of stupid questions list....

 

[nextwife]

So they WANT TO FORCE HUSBAND TO become the legal dad to the child wife created with another man when she cheated?

 

[LdiJ]

So they WANT TO FORCE HUSBAND TO become the legal dad to the child wife created with another man when she cheated?

Well...we can't be certain of that since the OP hasn't come back and clarified anything (remember, I was attempting to paraphase) but it sure sounds that way.

 

[majomom1]

Well...we can't be certain of that since the OP hasn't come back and clarified anything (remember, I was attempting to paraphase) but it sure sounds that way.

Well.... four of us apparantly got the same interpretation from what was posted!!!!

I cannot wait for OP to come back... if they ever do!

 

[GV70]

Do I understand this correctly... you want your husband to again be the 'legal' father of the child? This has to make the top ten list of stupid questions list....

Agreed-it is a stupid situation...it's my cousin's case.
The child recognizes the husband as a dad.The father does not have enough money to pay the court ordered recoupment and damages to the husband .My cousin thinks if her husband remains a legal father their marriage will survive.

 

[Ohiogal]

Agreed-it is a stupid situation...it's my cousin's case.
The child recognizes the husband as a dad.The father does not have enough money to pay the court ordered recoupment and damages to the husband .My cousin thinks if her husband remains a legal father their marriage will survive.

Not going to happen. Mom does NOT get to play musical daddies because it is convenient to her. What would have saved her marriage is if she would not have slept around with the actual dad. As for the father, well guess what -- he never should have established paternity if he didn't want the responsibility.

 

[majomom1]

Agreed-it is a stupid situation...it's my cousin's case.
The child recognizes the husband as a dad.The father does not have enough money to pay the court ordered recoupment and damages to the husband .My cousin thinks if her husband remains a legal father their marriage will survive.

How old is this child? Does husband recognize the child as his? It may be possible for husband to adopt the child, but he would have to be in agreement to do this. From your post, he is not in agreement.

Mom and Dad cannot MAKE husband be the legal father.