He finds out he has a son

[4kids4me]

What is the name of your state? AZ

Recently an ex of my husbands got in contact to tell him he has a 7 year old little boy. She said that she had her now husband sign the birth certificate but they knew he wasnt the father and my husband was. ( this was before him or I were married) So now after 7 years and her husband has left her she wants my husband to acknowledge paternity. She says she is going to sue for child support and arrears for all those years. My question is she recently sent him and email saying that her very large husband had frequently used a belt on the little boy and she was always scared he was going to really hurt him. Then in the next email she says she wants her husband back and is praying he will return home. If the little boy is my husbands he wants to get some kind of custody in case this man comes back to the little boy is not hurt. What are the chances since my husband has had NO contact with this little boy except for a phone calls this last two months.

 

[acmb05]

What is the name of your state? AZ

Recently an ex of my husbands got in contact to tell him he has a 7 year old little boy. She said that she had her now husband sign the birth certificate but they knew he wasnt the father and my husband was. ( this was before him or I were married) So now after 7 years and her husband has left her she wants my husband to acknowledge paternity. She says she is going to sue for child support and arrears for all those years. My question is she recently sent him and email saying that her very large husband had frequently used a belt on the little boy and she was always scared he was going to really hurt him. Then in the next email she says she wants her husband back and is praying he will return home. If the little boy is my husbands he wants to get some kind of custody in case this man comes back to the little boy is not hurt. What are the chances since my husband has had NO contact with this little boy except for a phone calls this last two months.

Almost none unless you can prove that he is beating the child and endangering his life. Her say so is not going to do it.

But first things first, petition the court to have a DNA test done before he gets to attached to a child that may not be his.

 

[4kids4me]

we are currently looking into DNA testing

We have the emails she sent us saying this man was beating her son with a belt. Can that be evidence?

 

[fairisfair]

hold on there trigger, this child already has a "legal" father(assuming they were married when she gave birth), your husbands ex committed fraud by having the other man sign the birth certificate, that is true, but there is going to be alot more to this case than a simple dna test on your hubby.

 

[LdiJ]

we are currently looking into DNA testing

We have the emails she sent us saying this man was beating her son with a belt. Can that be evidence?

Probably not...particularly if they are no longer together.

 

[Silverplum]

we are currently looking into DNA testing

We have the emails she sent us saying this man was beating her son with a belt. Can that be evidence?

No proof. Just "she says." Easily faked.

In short, no.

 

[LdiJ]

hold on there trigger, this child already has a "legal" father(assuming they were married when she gave birth), your husbands ex committed fraud by having the other man sign the birth certificate, that is true, but there is going to be alot more to this case than a simple dna test on your hubby.

I agree...its not going to be simple....particularly if legal dad attempts to retain his parental rights.

 

[4kids4me]

She was not married to her husband at the time but he did sign a paper saying he was the father. I know we first have to establish paternity. ( although I am fairly certain that he is as the little boy looks just like our son and my husband) If we find out he is the father then what do we need to do to establish some kind of custody or visitation we live about 2000 miles away from the little boy. Do we file in our state or his? Any help would be appreciated.

 

[4kids4me]

Legal dad wants nothing to do with the little boy has a DNA test scheduled to prove he is not the father. He doesnt want to pay child support

 

[fairisfair]

Legal dad wants nothing to do with the little boy has a DNA test scheduled to prove he is not the father. He doesnt want to pay child support

private dna or through the court?

 

[fairisfair]

She was not married to her husband at the time but he did sign a paper saying he was the father. I know we first have to establish paternity. ( although I am fairly certain that he is as the little boy looks just like our son and my husband) If we find out he is the father then what do we need to do to establish some kind of custody or visitation we live about 2000 miles away from the little boy. Do we file in our state or his? Any help would be appreciated.

you will file in his state of residency. They will complete a dna test, establish paternity, and order child support, if he is your husbands child, your husband can petition for custody and visitation, after paternity is established.

 

[4kids4me]

I was afraid we were going to have to go to their state to do this. Financailly right now that isnt possible not to hire a lawyer and go down there. Can't my husband take a DNA test in our state and they send the records to the courts in their state? Should get a lawyer from her state then instead of one from our state?

 

[4kids4me]

OH and the DNA test for her husband was through the courts she filed for child support that is when he said he wasnt really the father**************.... I think it was cruel to not let my husband or this little boy know who the father really is if my husband is indeed the father..... My husband is a great father and he wants to do the right thing but its a hard situation the little boy is 7 years old . And my husband is a stranger to him. How do you go about setting up visitation from 2000 miles apart for two strangers? Will the courts expect my husband to have to go there and stay there to visit him when my husband never knew of him? If he had we wouldnt be this far away we would have settled down closer to them

 

[LdiJ]

I was afraid we were going to have to go to their state to do this. Financailly right now that isnt possible not to hire a lawyer and go down there. Can't my husband take a DNA test in our state and they send the records to the courts in their state? Should get a lawyer from her state then instead of one from our state?

A lawyer in your state will be of absolutely no benefit.

 

[4kids4me]

ok I just thought it would be easier to find a good lawyer here. But I know there is some differences in laws from state to state.Thanks everyone for the advice.Also my husband wants to pay child support if the little boy is his but can she go after him for 7 years worth when he didn't know about the little boy. She keeps saying she is suing for 7 years worth. We have no problem paying it now that we know about him again if it is his child but I don't think we should have to pay for 7 years when he didnt know