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need help. custody advice

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Old 08-31-2007, 12:22 PM     #1
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Default need help. custody advice

my ex-wifes daughter was born in october of 2004. We got married in december of 2004. I was around for the last 3 months of the pregnancy and there for the birth. The babies biological father was never in the picture and she never sought child support from him. A few months after we were married I signed an affidavit of paternity, and my name was added to the birth certificate. we recently divorced. do I have any custody or visitation rights after almost 3 years as her dad?
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Old 09-02-2007, 01:12 AM     #2
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Default Re: need help. custody advice

Yes you do!
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Old 09-02-2007, 06:31 PM     #3
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Default Re: need help. custody advice

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Originally Posted by Ray.H View Post

my ex-wifes daughter was born in october of 2004. We got married in december of 2004. I was around for the last 3 months of the pregnancy and there for the birth. The babies biological father was never in the picture and she never sought child support from him. A few months after we were married I signed an affidavit of paternity, and my name was added to the birth certificate. we recently divorced. do I have any custody or visitation rights after almost 3 years as her dad?
congratulations, you committed the crime of fraud. if the bio father challenges this, you and mom can end up in jail, and your wife will only get supervised visitation with the child. you and mom both knew you were not this child's father.
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Old 09-03-2007, 07:42 PM     #4
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Default Re: need help. custody advice

For it to be fraud someone would have to be suffering financially. what I commited was perjury. And I'll take my chances that a judge will decide to prosecute me for trying to keep an unclaimed child out of the wellfare system. besides I probably won't offer that info. For all the court knows, I could have thought I was the biological father.
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Old 09-04-2007, 02:27 PM     #5
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Default Re: need help. custody advice

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Originally Posted by Ray.H View Post

my ex-wifes daughter was born in october of 2004. We got married in december of 2004. I was around for the last 3 months of the pregnancy and there for the birth. The babies biological father was never in the picture and she never sought child support from him. A few months after we were married I signed an affidavit of paternity, and my name was added to the birth certificate. we recently divorced. do I have any custody or visitation rights after almost 3 years as her dad?

Why wasn't the issues of custody, visitation and CS addressed in your divorce?
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Old 09-04-2007, 04:23 PM     #6
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Default Re: need help. custody advice

My ex-wife filed for divorce without my knowledge, I was served the day before I was supposed to appear. without a little advance notice I didnt have a lawyer retained or time to take off to be there. having no money to retain a lawyer, and after reading the paperwork that I was served, I realized that the baby was never mentioned in the divorce paperwork at all. Our second day in court is coming up at the end of september and I hope to be able to afford representation. But in case I can't im trying to do as much research as possible. Any advice would be appreciated. Can I bring up the baby at the divorce hearing, or does that issue need to be heard at a different time due to it being left out of the paperwork?
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Old 09-04-2007, 07:14 PM     #7
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Confused Re: need help. custody advice

I have a neighbor that is fighting for full custody of her daughter and she asked me to do some research on her behalf.
Her ex-boyfriend is going to jail on drug charges and she wants to go for full custody because she fells that the ex is a unfit father. This is not the first time that he has went to jail on drug charges. He also picks his daughter up once in a blue moon. He is suppose to pick her up on tuesday and thursday nights and every other weekend. He does no such thing. He also drives with a suspended liscence while the daughter is in the car. What do you recommend that my neighbor do.
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Old 09-05-2007, 02:16 PM     #8
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My ex-wife filed for divorce without my knowledge, I was served the day before I was supposed to appear. without a little advance notice I didnt have a lawyer retained or time to take off to be there. having no money to retain a lawyer, and after reading the paperwork that I was served, I realized that the baby was never mentioned in the divorce paperwork at all. Our second day in court is coming up at the end of september and I hope to be able to afford representation. But in case I can't im trying to do as much research as possible. Any advice would be appreciated. Can I bring up the baby at the divorce hearing, or does that issue need to be heard at a different time due to it being left out of the paperwork?

So, can anyone who knows what they're talking about give me some advice. I just wanna know when I should bring it up in court, and wether or not I've got to file any kind of paperwork. Please help... I just wanna see my little girl and I don't have a bunch of money.
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Old 09-08-2007, 10:15 AM     #9
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Default Re: need help. custody advice

[He also drives with a suspended liscence while the daughter is in the car]


Frankly that is reson to cut his visists if the judge learns of that!
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Old 09-08-2007, 01:23 PM     #10
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My ex-wife filed for divorce without my knowledge, I was served the day before I was supposed to appear. without a little advance notice I didnt have a lawyer retained or time to take off to be there. having no money to retain a lawyer, and after reading the paperwork that I was served, I realized that the baby was never mentioned in the divorce paperwork at all. Our second day in court is coming up at the end of september and I hope to be able to afford representation. But in case I can't im trying to do as much research as possible. Any advice would be appreciated. Can I bring up the baby at the divorce hearing, or does that issue need to be heard at a different time due to it being left out of the paperwork?

I don't know where you are, but almost all US states and other countries have laws that provide for adequate notice to be given. The next time you go to court, explain to the Judge that you recieved notice only 1 day before the hearings, that you have a child together, and request a continuance to give you time to find legal counsel.

DO NOT allow this divorce to proceed or be finalized without the court knowing ALL of the circumstances of the marriage, including the child.
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