child custody and paternity

[oakiefl]

Looking for some advice. We live in FL. My boyfriend is awating the results of a paternity test. The child in question is 4 1/2 years old. Mom was married at the time and had an affair with my boyfriend. She got pregant said it was his yet told the now ex-husband that it's his. The ex has been paying the child support and she won't talk about it. If it is his he wants to do the right thing and let the child know that he is the true father as well as the financial end. What can happen as far as custody and all the suuport that has been paid out over the years. Is he liable?

Is there anyone is this type of situation? I know it's strange but any info would be helpful at this point.

 

[LegalBeagle]

Looking for some advice. We live in FL. My boyfriend is awating the results of a paternity test. The child in question is 4 1/2 years old. Mom was married at the time and had an affair with my boyfriend. She got pregant said it was his yet told the now ex-husband that it's his. The ex has been paying the child support and she won't talk about it. If it is his he wants to do the right thing and let the child know that he is the true father as well as the financial end. What can happen as far as custody and all the suuport that has been paid out over the years. Is he liable?

Is there anyone is this type of situation? I know it's strange but any info would be helpful at this point.

Are these court ordered tests?

 

[dianamm74]

Does this child know the exhusband as his dad? Why is a paternity test being done after 4 1/2 years?

I'm sort of in that situation myself. My boyfriend and I were together for 5 years. We seperated for about 3 months and I dated another guy and got pregnant. Of course that guy dumped me after he found out I was pregnant. My ex and I got back together. He knows that he's not the father. I had DNA testing done on my son and his father for childsupport reasons. The test came back with results of 99.99%. I'm still trying to get everything done to where he can give up his rights to my son.

My point is... My son knows my boyfriend as Daddy. I wouldn't bring the biological father in his life for anything. He's loved and nurtured and I think that is all that matters.

If the 4 1/2 year old turns out to be your boyfriend's child. I think it would be best for him to give up his rights. You all might think different. I just wouldn't mess with a little child's mind like that. I'm sure the child is going through enough right now with the so called dad out of the picture.

Anyway, whatever happens and whatever decisions are made, I hope everything turns out for the best. Good luck. This is a never ending situation.

 

[oakiefl]

Paternity and custody

No the test are not court ordered. He wanted to know for sure because the mom was apparently sleeping with both men. Test results are in and he is the father. He has played an active roll in the child's life for the last 4 1/2 years. Yet never knew for sure until now that he was the biological father. The child calls the ex husband daddy and just calls my boyfriend by his first name. The ex has been paying the support for the last 4 years because the mom refused to come clean. It's a mess. Not only are the parents involved so is his whole extende dfamily because they have played an active roll in this child's life also.

 

[LegalBeagle]

Re: Paternity and custody

No the test are not court ordered. He wanted to know for sure because the mom was apparently sleeping with both men. Test results are in and he is the father. He has played an active roll in the child's life for the last 4 1/2 years. Yet never knew for sure until now that he was the biological father. The child calls the ex husband daddy and just calls my boyfriend by his first name. The ex has been paying the support for the last 4 years because the mom refused to come clean. It's a mess. Not only are the parents involved so is his whole extende dfamily because they have played an active roll in this child's life also.

The only thing to do then is to file papers in court to establish paternity. If he can prove to a judge at the hearing that he might be the father, then he has a chance to have court ordered tests.

 

[VeronicaGia]

Does FL have the law

that a child born into a marriage is considered a child of the marriage? CA has that, so DNA may make no difference, especially if the ex "openly held out the child as his own" and "the child was born into the marriage."

 

[oakiefl]

yes the child was born while in the marriage. Is that law applicable in the State of FL? Are you saying even though he is the father he has no rights due to the fact that the child was born of the marriage? It's a very messy situation.

He wants to confront her yet he is afraid that if he does she will run with the child or not let him see the child.

 

[LegalBeagle]

He has nothing to lose.. get him to file FL Form 12.983(a) "Petition to Determine Paternity and for Related Relief"

 

[confuseddad]

I am in a simlar situation my husband has loved and paid child support fora child for 10 years. And mother was trying to be greedy and he requested a test. Results were negative he is not the father and she is not trying to put the real father on child support.

What happened to you?


Looking for some advice. We live in FL. My boyfriend is awating the results of a paternity test. The child in question is 4 1/2 years old. Mom was married at the time and had an affair with my boyfriend. She got pregant said it was his yet told the now ex-husband that it's his. The ex has been paying the child support and she won't talk about it. If it is his he wants to do the right thing and let the child know that he is the true father as well as the financial end. What can happen as far as custody and all the suuport that has been paid out over the years. Is he liable?

Is there anyone is this type of situation? I know it's strange but any info would be helpful at this point. [/QUOTE]

 

[scumcoast]

My son has a case like this were he is the biological father and the mother was married to someone just prior to birth of child. Mom then moved to Michigan with out her husband and filed for divorcee with child listed and support ordered. My son tried to file for paternity here in Florida and was refused due to a law called Previtte. He was told he had no rights to file anything due to the order from Michigan. We have with the legal father signing for us filed 3 motions to Michigan and the Judge granted DNA test with my son as voluntary testing with results proving my son is the father. Now the legal father will not help so we are no were after all that work. So Florida and Michigan do not give much hope. Wish you more luck than we have had.

 

[LegalBeagle]

My son has a case like this were he is the biological father and the mother was married to someone just prior to birth of child. Mom then moved to Michigan with out her husband and filed for divorcee with child listed and support ordered. My son tried to file for paternity here in Florida and was refused due to a law called Previtte. He was told he had no rights to file anything due to the order from Michigan. We have with the legal father signing for us filed 3 motions to Michigan and the Judge granted DNA test with my son as voluntary testing with results proving my son is the father. Now the legal father will not help so we are no were after all that work. So Florida and Michigan do not give much hope. Wish you more luck than we have had.

You can not blame Florida for this one.. MI had jurisdiction.