parentage

[californiamom3]

What is the name of your state (only U.S. law)? CA
Sorry for so many questions.
Back in 2003 DCSS had filed a complaiint against my ex for lack of child support payments.
Amongst other things it asked to establish parentage for one of our children, the oldest. She was conceived before our 11 year marriage, she was also born in The Netherlands. I am American, dad is Dutch, so she has a Consular Report Of Birth Abroad.
2004 DCSS filed another request for support.
This one asks for parentage on all 3 children.
Neither of us ever had an attorney so this was obviously overlooked by both parties.
Since 2004 none of the paperwork has ever asked for parentage.
Current orders do not ask for it.
And before you ask....there is no doubt that he and I are bio parents of all 3 children. (I swear it!)
My question, since nothing on this issue has been brought up for 5 years, should I leave it be?

 

[Ohiogal]

What is the name of your state (only U.S. law)? CA
Sorry for so many questions.
Back in 2003 DCSS had filed a complaiint against my ex for lack of child support payments.
Amongst other things it asked to establish parentage for one of our children, the oldest. She was conceived before our 11 year marriage, she was also born in The Netherlands. I am American, dad is Dutch, so she has a Consular Report Of Birth Abroad.
2004 DCSS filed another request for support.
This one asks for parentage on all 3 children.
Neither of us ever had an attorney so this was obviously overlooked by both parties.
Since 2004 none of the paperwork has ever asked for parentage.
Current orders do not ask for it.
And before you ask....there is no doubt that he and I are bio parents of all 3 children. (I swear it!)
My question, since nothing on this issue has been brought up for 5 years, should I leave it be?

Where did you get divorced? Was the child listed as issue of the marriage?

 

[californiamom3]

Where did you get divorced? Was the child listed as issue of the marriage?

Divorced in CA. Not sure what you mean by listed as issue of marriage? Looking through old paperwork I see nothing that has those specific words.
Dad was living in California as a Resident Alien, procreated, married, moved to Holland , had daughter, (intended on staying for longer but things weren't what he expected, family etc.) moved back to the states. (not sure if any of that matters but just in case I thought I would give some facts) Will be posting a question about his current alien status in proper forum area soon.

 

[Ohiogal]

Divorced in CA. Not sure what you mean by listed as issue of marriage? Looking through old paperwork I see nothing that has those specific words.
Dad was living in California as a Resident Alien, procreated, married, moved to Holland , had daughter, (intended on staying for longer but things weren't what he expected, family etc.) moved back to the states. (not sure if any of that matters but just in case I thought I would give some facts) Will be posting a question about his current alien status in proper forum area soon.

Did the divorce paperwork list the CHILDREN born to the parties?

 

[californiamom3]

Did the divorce paperwork list the CHILDREN born to the parties?

The words in the final judgment (July 04') of the divorce says,
1. Custody of the minor children of the parties is as awarded as follows.....
names, birth dates,
legal custody to...
physical custody to...
Attachment FL-342 Support info and order attach.
says on #3 Children of this relationship
a. number of children......blah,blah

 

[LdiJ]

The words in the final judgment (July 04') of the divorce says,
1. Custody of the minor children of the parties is as awarded as follows.....
names, birth dates,
legal custody to...
physical custody to...
Attachment FL-342 Support info and order attach.
says on #3 Children of this relationship
a. number of children......blah,blah

If the oldest daughter was included in that list, then there is no reason to worry about the issue of parentage. She was also born after you married, therefore he is her legal father anyway.