How do we handle this?

[vwlonewolf]

Yes I did get preggo by my husband that weekend.

It was a mistake that they both made and now have to deal with the consequences. Which my husband has decided to give up his rights IF the baby is proven to be his.

Thank you to the ones that GAVE advice and didn't crack jokes on the situation. I came here looking for legal advise, not to get bashed or ridiculed!

Hey Tara, make sure you take this back to your friends!

 

[MrsK]

Yes I did get preggo by my husband that weekend.

It was a mistake that they both made and now have to deal with the consequences. Which my husband has decided to give up his rights IF the baby is proven to be his.

Thank you to the ones that GAVE advice and didn't crack jokes on the situation. I came here looking for legal advise, not to get bashed or ridiculed!

Hey Tara, make sure you take this back to your friends!

Here is some more advice:

Your husband can not give up his rights until a step-parent is willing to adopt.

He will pay support if she goes after him, and he can absolutely choose not to have anything to do with the child, but he will still be the legal father until someone else adopts.

If thats what he wants to do, make sure he tells mom so she knows he is open to that option should the situation ever come to that.

 

[eme76]

something else to think about...

you say hubby wants to give up rights even if he is the father of the other baby what about your childs right to know their sibling?

 

[Mbarr77]

Does he want to be part of the babies life or not. Because in your original post you say he DOES want to be part of the babies life if it is his, just not a part of the mothers. Then in another post you say he wants to sign over his rights! So, you have given some conflicting information.

 

[CJane]

you say hubby wants to give up rights even if he is the father of the other baby what about your childs right to know their sibling?

A child has no 'right' to know a sib. Maybe that's unfair, but that's the way it is.

 

[NotSoNew]

Yes I did get preggo by my husband that weekend.

It was a mistake that they both made and now have to deal with the consequences. Which my husband has decided to give up his rights IF the baby is proven to be his.

Thank you to the ones that GAVE advice and didn't crack jokes on the situation. I came here looking for legal advise, not to get bashed or ridiculed!

Hey Tara, make sure you take this back to your friends!

hey there ace, how about you take this back to your husband, he CANT give up his rights, unless she is remarried (maybe to uncle otto?) for a certain amount of time and the step parent adopts! otherwise he is on the hook

 

[eme76]

cjane in ca a parent can file on behalf of their child to have "visatation" time with a sibling

 

[juke]

cjane in ca a parent can file on behalf of their child to have "visatation" time with a sibling

And what, precisely, does that have to do with OP in PA?

Step back from the keyboard, child. You still know nothing.

 

[WhosMyBabyDaddy]

hey there ace, how about you take this back to your husband, he CANT give up his rights, unless she is remarried (maybe to uncle otto?) for a certain amount of time and the step parent adopts! otherwise he is on the hook [/QUOTE

: ( I told you, it's ADVICE, not ADVISE! You really DON'T listen to people, do you??

 

[Mbarr77]

cjane in ca a parent can file on behalf of their child to have "visatation" time with a sibling

Where did you get this information? When I searched California law it stated

No. Currently, according to federal law, a sibling does not have inherent visitation rights. If the child’s parents grant the sibling permission to visit, then the sibling may do so. However, the sibling legally must have that permission to visit or he is in violation of the law. In cases where a child’s custodial parent dies, the sibling still may not visit the child unless he successfully petitions the state or is granted visitation rights by the new custodial parent.

 

[eme76]

a case handled by Stan Fortner (now retired) who's specialty was child advocasy law i think it was in aprox.1999

 

[juke]

And until you start discussing PA law, it still has nothing to do with OP.

 

[Mbarr77]

Does he want to be part of the babies life or not. Because in your original post you say he DOES want to be part of the babies life if it is his, just not a part of the mothers. Then in another post you say he wants to sign over his rights! So, you have given some conflicting information.

OP, any answer to this question? sorry, but just curious

 

[eme76]

the question i posed to op (not to the rest of you who seem to just like to try to put people down) was also a moral question one that many people in situations simalar to hers dont usualy think of and not thinking of that can leed to big problems for the children later in life especialy if they grow up in the same town

 

[LdiJ]

CA code allows for sibling visitation in the case of the death of one of the parents. However, that law has obviously been at least limited in its use by the following decision:


CA decision 2002

Herbst vs Swan

Section 3102 provides that a court may order visitation for a sibling of an unemancipated minor upon a court finding that one of the parents of the minor is deceased and visitation with the sibling would be in the minor's best interests. Relying on Troxel v. Granville (2000) 530 U.S. 57 [147 L. Ed. 2d 49, 120 S. Ct. 2054] (Troxel), the trial court concluded that section 3102 was unconstitutional because it infringes upon the liberty interest of the surviving parent [***2] over control of the minor. Given the facts presented, we agree with the trial court and we affirm.