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WCC

Guest
What is the name of your state? florida

okay, here's the scenario....hubby and ex were married for 10 years and had two boys. hubby had vasectomy right after baby #2. 4 years pass by, ex wife comes home and announces she's pregnant....hmmmm??? anyway, we all know she's not my hubby's. ex makes no bones about the fact she cheated. my hubby, for the sake of other kids, decides against dumping ex. she has baby(a little girl), hubby falls in love with baby and puts name on birth cert. etc.... 4 years pass....ex leaves him while he's working out of state. she buys acme divorce kit, hand writes everything and in the section "children of marriage" only puts 2 boys in thinking this will prevent hubby from taking little girl. hubby signs the whole mess (i know) and it's a done deal. now, she serves papers wanting support for little girl because she finally figured out that since a custody order wasn't entered on little girl, they both have = rights. any ideas on if the judge will force my hubby to pay or will it be up to hubby if he wants it that way or not?
 


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Esimon1

Guest
Well this is one fine mess.
Let me start with this- Usually, and I don't mean EVERY case, If a child was born into a marriage, (ie. no separation agreement/divorce was in process), then it may be likely that he will be financially responsible for that child. If ex decides to open a child support case on this little girl, then your hubby will have the opportunity to take a DNA paternity test, (which I strongly urge him to submit to), if the test comes out he is not the bio dad, you can all breathe easier, however, I really hate to put a rain cloud over you, but I have heard of men who have had vasectomys being able to father babies, but only on rare occasions.
This situation was probably made more complicated because of hubby signing the birth certificate. It is however, not unheard of to file a motion to set aside judgement of paternity,(need lawyer to do this), so a DNA test can be ordered, though in that instance, hubby will have to pay for testing, if not grantrd by the court. In my husband's case, testing for mom, child, and father came out to $180.00/ or $60.00 per person tested. The amounts may differ from state to state. Once you have the DNA results that are recognized by the court, your problem should be easier to handle from there. Good Luck & Keep us posted!
 
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WCC

Guest
okay....mom stated in her petition that my hubby was NOT the natural father, but she wanted support and then we could have visitation. up to this point she has let us see her when it's convenient to ex...( like when she needs clothes etc...) we have always helped financially, just not thru court. my husband wants to see her but we are not going to assume financial obligation thru court. paternity test would be fine, we know for sure he is not dad.
 
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Esimon1

Guest
He could probably still Motion for visitation thru court, even if not the bio dad. Ask a "free consultation" attorney, I'm sure there's a way to get visitation w/o having to pay to see her, (in your case). If the judge sees that a parent-child relationship has been established, more in your favor.
 
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WCC

Guest
we have an attorney...hubbies response should be to ex shortly. attorney kinda scared me though because he said the court may look at it like - hubby has been dad all these years, but now doesn't want to be because of $ ?- we'll see.......i'm sure ex is gonna flip when she says he doesn't want to pay thru court. thankfully, we are prepared either way. if we are ordered to pay, then that's ok.....we have rights. if not, then we just pray that little girl will still desire to see dad and push mom to let her come anyway.
 

Whyte Noise

Senior Member
WCC here is a link that you might find interesting. It's long, and in PDF format, so you'll need Adobe Acrobat Reader to view it. But it tells of Florida law regarding "quasi-marital" children, which are children born during a marriage when the mother's husband is not the biological father of the child.

http://www.law.fsu.edu/journals/lawreview/downloads/262/alte.pdf

But, one has to ask the question, that if the mother put in her petition that she recognizes that your husband isn't the child's biological father, how can she go after him for support? ANyways, hope that link helps.
 
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WCC

Guest
thanks for the site......is it hateful for me to think bio mom should just be grateful that little girl has a "dad" that loves her and treats her like his own and she shouldn't expect to get paid? we do buy her things....school clothes, glasses, pay for prescriptions etc...we'll see how it goes, but either way we are ready. i'll let you know what the judge says....
 

bugaboo

Member
She should be grateful...

WCC said:
thanks for the site......is it hateful for me to think bio mom should just be grateful that little girl has a "dad" that loves her and treats her like his own and she shouldn't expect to get paid? we do buy her things....school clothes, glasses, pay for prescriptions etc...we'll see how it goes, but either way we are ready. i'll let you know what the judge says....
One question. Does the little girl know that hubby is not bio dad? Ok 2 questions.. And, Where is bio dad in all this?

As I mother, I would have to say that ex should be grateful that the man she screwed over is wanting to be a part of this child's life. He doesn't HAVE TO. He does it out of the kindness of his heart because of his love for this child. God bless both of you for standing by this little girl. I feel that you are wonderful parents for doing so. I hear of so many children being torn in situations such as yours. It's nice to know that she will always have you both in her life.:)
 
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WCC

Guest
thank you for that....i wish bio mon would think along those lines.
little one knows my hubby is not bio dad....ex told her when she was 7 (she's now 11 )...sad part was , she snuck out of the state with the kids and moved to indiana. thats where bio mom told her, so my hubby wasn't even able to really comfort her except over the phone when she called to ask if it was true. we had no inkling ex was even going to tell her, so it was a big shock to get that call. ex even had child call my hubby by his first name and not dad, then took the phone from her and told my husband to leave child alone because now she knew he wasn't dad. can you imagine knowing someone as dad from birth and then mom doing that? thats just a drop in the bucket. anyway, bio dad has never been in the picture. ex knows his name etc....but not anything else. he left town before baby was even born. someday, little one will see it was mom and not dad who created conflict.....my hubby loves her and just wants to be her daddy.
 

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