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curiousJax07

Junior Member
So my best friend and her ex husband are going through a custody battle with their 2yr. old son. So far the courts have favored the ex husband due to financial stability. It has recently came to my attention that the ex husband may not be the biological father of the boy. If, (pending a DNA test) he is not the father of the child will he still be able to be granted full custody of him? The baby was born in the state of Arizona and that is where the father lives and the mother lives in Kansas?
 


Isis1

Senior Member
So my best friend and her ex husband are going through a custody battle with their 2yr. old son. So far the courts have favored the ex husband due to financial stability. It has recently came to my attention that the ex husband may not be the biological father of the boy. If, (pending a DNA test) he is not the father of the child will he still be able to be granted full custody of him?What is the name of your state (only U.S. law)?
it is possible. depends on a lot of factors. does your friend know you are airing her legal matters in a public forum? does mom want to know if paternity can be contested at this point in time? is there a reason she is unable to sign up on her own to find out something she cares about deeply?
 

Proserpina

Senior Member
So my best friend and her ex husband are going through a custody battle with their 2yr. old son. So far the courts have favored the ex husband due to financial stability. It has recently came to my attention that the ex husband may not be the biological father of the boy. If, (pending a DNA test) he is not the father of the child will he still be able to be granted full custody of him? The baby was born in the state of Arizona and that is where the father lives and the mother lives in Kansas?

Interesting.

Why?

Because as a general rule if a child is born of the marriage and paternity is not disestablished as part of the divorce action, the only person with any standing to challenge after the divorce is finalized would be the "other guy".

In other words, short of "other guy" wanting to step up to the plate it's a done deal.

I suspect this OP has no idea what's really going on. And yes, s/he needs to have one of the actual parties come and sign up.

:cool:
 

curiousJax07

Junior Member
I am speaking for my friend because she is ashamed of the situation and is embarrassed. Due to the stress and depression this circus is putting her through, she came to me and allowed me permission to reach out for counsel on her behalf. I'm not 100% sure but it would be a plausible and educated guess that the biological father is unaware of the situation.
 

Isis1

Senior Member
I am speaking for my friend because she is ashamed of the situation and is embarrassed. Due to the stress and depression this circus is putting her through, she came to me and allowed me permission to reach out for counsel on her behalf. I'm not 100% sure but it would be a plausible and educated guess that the biological father is unaware of the situation.
at some point, she's going to need to come out of herself and handle it. this isn't about her. this is about her child.

you are enabling her. a good friend doesn't enable.
 

Proserpina

Senior Member
I am speaking for my friend because she is ashamed of the situation and is embarrassed. Due to the stress and depression this circus is putting her through, she came to me and allowed me permission to reach out for counsel on her behalf. I'm not 100% sure but it would be a plausible and educated guess that the biological father is unaware of the situation.


She needs to put on her big girl panties and deal with her legal matters.

Sorry to be so blunt, but you're really not helping her too much.

In a nutshell though, she can't now decide that she no longer wants her ex to be the father. I'm guessing that's her goal?
 

curiousJax07

Junior Member
at some point, she's going to need to come out of herself and handle it. this isn't about her. this is about her child.

you are enabling her. a good friend doesn't enable.
I didn't come on here for a "life lesson" on how to be a good friend because I don't need your approval....Isis1- you have not been helpful at all so I would appreciate it if you stopped replying

Prosperpina: I am aware that she needs to do this on her own...I have already told her a million times that this is a battle that I can't fight for her. I appreciate the advise and the intention but I am merely acting as an information gatherer so she knows all the options. She is in no way trying to all of the sudden drop the ex-husband as the father figure in her sons life, she only wants to see him. The ex-husband has been very manipulative and has even Prevented her from seeing their child at all (which may be violation of the custody but I need advise on that too) do you have any other knowledge on these issues you'd like to share with me?
 

Proserpina

Senior Member
I didn't come on here for a "life lesson" on how to be a good friend because I don't need your approval....Isis1- you have not been helpful at all so I would appreciate it if you stopped replying

I'd appreciate it if you weren't rude to the volunteers.

Prosperpina: I am aware that she needs to do this on her own...I have already told her a million times that this is a battle that I can't fight for her. I appreciate the advise and the intention but I am merely acting as an information gatherer so she knows all the options. She is in no way trying to all of the sudden drop the ex-husband as the father figure in her sons life, she only wants to see him. The ex-husband has been very manipulative and has even Prevented her from seeing their child at all (which may be violation of the custody but I need advise on that too) do you have any other knowledge on these issues you'd like to share with me?

Have her sign up for her own account.

Thanks!
 

curiousJax07

Junior Member
That wasn't being rude but I dont take kindly to being accused of being anything less the best friend this woman has ever had...for many reasons no one aside from her and I need to know. Maybe your "volunteers" should remember that the point of chat forums such as this one is to answer questions that pertain to legal dealings and not low-blow attempts to "call out" ones character as a friend who is merely trying to continue to be just that.... A true friend. I am trying to lighten the load of this mother who has been through hell and back and has also had to take on health issues due to the stress load all this has caused. If this makes me a "bad friend" then yes I am the worst of friends.

Thank you for what little help was provided. This will be going on my review of this website.
 

Isis1

Senior Member
That wasn't being rude but I dont take kindly to being accused of being anything less the best friend this woman has ever had...for many reasons no one aside from her and I need to know. Maybe your "volunteers" should remember that the point of chat forums such as this one is to answer questions that pertain to legal dealings and not low-blow attempts to "call out" ones character as a friend who is merely trying to continue to be just that.... A true friend. I am trying to lighten the load of this mother who has been through hell and back and has also had to take on health issues due to the stress load all this has caused. If this makes me a "bad friend" then yes I am the worst of friends.

Thank you for what little help was provided. This will be going on my review of this website.
if mom doesn't care to enlighten us of the facts, then she is fine with everything as is. in that case, so are we.
 

Proserpina

Senior Member
That wasn't being rude but I dont take kindly to being accused of being anything less the best friend this woman has ever had...for many reasons no one aside from her and I need to know. Maybe your "volunteers" should remember that the point of chat forums such as this one is to answer questions that pertain to legal dealings and not low-blow attempts to "call out" ones character as a friend who is merely trying to continue to be just that.... A true friend. I am trying to lighten the load of this mother who has been through hell and back and has also had to take on health issues due to the stress load all this has caused. If this makes me a "bad friend" then yes I am the worst of friends.

Thank you for what little help was provided. This will be going on my review of this website.


Oh, I'm so glad it's December.

This is not, incidentally, a chat forum.

It's a legal forum, a place where involved parties can come to obtain information about their legal situation. Third parties rarely, if ever, actually know the details - hence it's difficult to offer advice. Be sure to include in your review the fact that you didn't offer any real information at all.

Have a lovely night!
 
That wasn't being rude ... Maybe your "volunteers" should remember that the point of chat forums such as this one is to answer questions that pertain to legal dealings and not low-blow attempts to "call out" ones character as a friend who is merely trying to continue to be just that.... .
I agree 10000% (and that's a lot !) ..

to other posters: another fine job ! Kudos.
 

curiousJax07

Junior Member
Fixed it.

:cool::cool:
You're real hilarious and real mature because I gave you plenty of information to base many possible answers from. And FYI doesnt matter the topic of discussion... This is a forum... With the outline of a chat room...HENCE CHATROOM FORUM. if this was strictly a "legal forum" where only involved parties can come for free legal advise, then why is it that all I had to provide upon registering was my name and email? And where are the credentials of these so called "volunteers" posted? I'm pretty sure anyone can come on here claiming to be a prestigious and knowledgeable advise giver an really just be merely quoting the Law and Order television series..... Not everyone who doesn't hold the title of being a "senior member" is an uneducated idiot. Because my friend was considering turning to this site for advise and I was simply proving to her that the answers that she is lookin for can only be answered by an educated attorney and not a forum consisting of mostly washed up wannabe law advisers such as yourself. While at the same time reviewing this website for an article Im writing. Congrats you have single handedly degraded the reputation of this site in my eyes and gave the reputable advisors a questionable name. So no YOU have a lovely evening

And to CAPTAIN PICARD a virtual high-5 to you good sir :)
 

Isis1

Senior Member
You're real hilarious and real mature because I gave you plenty of information to base many possible answers from. And FYI doesnt matter the topic of discussion... This is a forum... With the outline of a chat room...HENCE CHATROOM FORUM. if this was strictly a "legal forum" where only involved parties can come for free legal advise, then why is it that all I had to provide upon registering was my name and email? And where are the credentials of these so called "volunteers" posted? I'm pretty sure anyone can come on here claiming to be a prestigious and knowledgeable advise giver an really just be merely quoting the Law and Order television series..... Not everyone who doesn't hold the title of being a "senior member" is an uneducated idiot. Because my friend was considering turning to this site for advise and I was simply proving to her that the answers that she is lookin for can only be answered by an educated attorney and not a forum consisting of mostly washed up wannabe law advisers such as yourself. While at the same time reviewing this website for an article Im writing. Congrats you have single handedly degraded the reputation of this site in my eyes and gave the reputable advisors a questionable name. So no YOU have a lovely evening

And to CAPTAIN PICARD a virtual high-5 to you good sir :)
we don't do maybes. we need the exact facts. you don't have them.
and btw, it's a sport of mine to watch Law & Order and point out all the incorrect legal information they give out.
 
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