custody

[nextwife]

Does the divorce decree address the child as belonging to your ex husband? How did your deivorce deal with the child?

Does your ex husband claim the child as his? Are you only looking to dispute boyfriend's paternity NOW because it will help you regain custody? Had boyfriend been told by you this was HIS child? Do you know whose child this is?

Did you have boyfriend act as father to the child?

 

[CJane]

Here's what I think happened, since OP is leaving us to fill in blanks...

Her husband ditched her when he found out the baby probably wasn't his. Mom spiralled into a drug and alcohol induced stupor due to guilt and grief. BF/bio dad found out about it and took the child for 'visitation' and then went into court, filed to be acknowledged as the legal father, and at the same time filed for emergency temporary custody. Eventually, that became permanent custody.

Mom has since cleaned up her act, found a man, has another child on the way and wants her 'family back'.

But that's just a guess.

 

[Just Blue]

Does the divorce decree address the child as belonging to your ex husband? How did your deivorce deal with the child?

Does your ex husband claim the child as his? Are you only looking to dispute boyfriend's paternity NOW because it will help you regain custody? Had boyfriend been told by you this was HIS child? Do you know whose child this is?

Did you have boyfriend act as father to the child?

These are all questions I asked hunter when she pm'ed me....she has been posting but will not directly answer the questions....

 

[Just Blue]

Huntergirl...I know you are looking at your thread...want to answer those questions now??

 

[shell007]

Huntergirl...I know you are looking at your thread...want to answer those questions now??

For get about it!! She isn't comming back!

What else is new around here!!

 

[Just Blue]

For get about it!! She isn't comming back!

What else is new around here!!

This is officially a Kelly post people....CJane and I were playing with her a bit...But the questions I asked her in the pm were legit...just in case I was wrong!!

 

[shell007]

This is officially a Kelly post people....CJane and I were playing with her a bit...But the questions I asked her in the pm were legit...just in case I was wrong!!

GREAT...another minute waisted on a Kelly post! Arrrrrrgggg!!!!

 

[huntergirl72482]

i was busy making dinner for my family know it all what happened was me and my husband were still married but seperated i got with my ex got pregnant agreed to joint custody pending dna test was unable to keep the hearing he showed up defaulted me told the judge he was the father and got custody granted

 

[CJane]

i was busy making dinner for my family know it all what happened was me and my husband were still married but seperated i got with my ex got pregnant agreed to joint custody pending dna test was unable to keep the hearing he showed up defaulted me told the judge he was the father and got custody granted

So it was all totally legal.

What are you attempting to change at this point? How long has it been?

 

[huntergirl72482]

how was it legal another hearing should have been set the judge cant go off of him saying he is the father if that is the case any man can get any kid he should of had to prove he was the father the judge now wont order a dna test it has been two yrs i have been fighting now getting dna established

 

[CJane]

how was it legal another hearing should have been set the judge cant go off of him saying he is the father if that is the case any man can get any kid he should of had to prove he was the father the judge now wont order a dna test it has been two yrs i have been fighting now getting dna established

No, if you were supposed to appear and didn't, the judge is under no obligation at all to order a continuance. Often times, they'll hand down a default judgement - and that's what happened.

And yes, he CAN just go in and say he's the father. If you're not there to dispute his claim or request DNA testing AT THE TIME, the judge is going to rule in what appears to be the child's best interest. And, it's in a child's best interest to have 2 legal parents - regardless of biology. Legally, it doesn't matter at this point whether or not he's the biological father of the child.

 

[Ohiogal]

how was it legal another hearing should have been set the judge cant go off of him saying he is the father if that is the case any man can get any kid he should of had to prove he was the father the judge now wont order a dna test it has been two yrs i have been fighting now getting dna established

Actually the judge can do that. The guy proved it by swearing under oath that he was the father. You didn't show up nor ask for a continuance so therefore what the man said was taken as fact. A DNA test isn't necessary when the father has been proven in a court of law -- which happened. The thing about appeals, you can't appeal facts that the court found. The court found that the man was the father. That is NOW a fact.

 

[huntergirl72482]

the nevada revised code also states that it is not on the best interest of the child for the custody to be placed with a parent with a domestic violence he plead guilty and went to jail for beating me and still has custody

 

[shell007]

the nevada revised code also states that it is not on the best interest of the child for the custody to be placed with a parent with a domestic violence he plead guilty and went to jail for beating me and still has custody

Please talk in sentences. Run-on's are very hard to comprehend!

 

[CJane]

the nevada revised code also states that it is not on the best interest of the child for the custody to be placed with a parent with a domestic violence he plead guilty and went to jail for beating me and still has custody

He has custody because you didn't show up for court. The judge issued a default ruling. You weren't there to dispute anything. You weren't there to ask for a continuance. You weren't there to offer any evidence of his lack of fitness.

Nothing illegal happened that day.

AND, just because the dad beat YOU, the court is under no obligation to assume he'd also beat the child. Men with domestic violence convictions can and do get custody of their children every day.