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Child custody

Discussion in 'Child Custody & Visitation' started by Powell, Dec 18, 2018.

  1. Powell

    Powell Law Topic Starter New Member

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    Hello My name is Thomas Powell
    My girlfriend and I are trying to find out what rights she has as far as Child custody. Her daughter was born out of wedlock and her and her (soon to be) ex husband got married after her daughter was born. Does she have full custody or does she have to fight for full custody
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Custody isn't automatic but she doesn't necessarily have to "fight" for it if they can reach an agreement without a fight and make it part of the divorce decree.

    Your GF should be talking to a lawyer if there is a significant disagreement.
     
  3. Powell

    Powell Law Topic Starter New Member

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    We are still trying to figure it out. Im overseas right now and that's where it gets hard cuz he wont argue with me but he will pick fights with her over the stupidest of shit
     
  4. zddoodah

    zddoodah Well-Known Member

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    Please answer the following questions:

    1. When was the daughter born (month and year)?
    2. When did she marry her husband?
    3. Is her husband the father of the daughter?
    4. If the answer to #3 is or is believed to be yes, was his paternity ever established? If so, how was it established?
    5. Is there a divorce case pending current?
    6. If the answer to #5 is yes, did your girlfriend and her husband, in their pleadings filed with the court, identify the daughter as a child of the marriage?
    7. Is either your girlfriend or her husband asking the court to adjudicate issues relating to custody, visitation and support?
    8. What do you believe "full custody" means, and why does your girlfriend want it (as opposed to something like "joint custody")?

    Why would he, and why would you seek to argue with him? This has nothing to do with you, and you should be staying out of it completely. If there is any arguing to be done, it should be between your girlfriend and her husband or between their attorneys.
     
  5. shrinkmaster

    shrinkmaster Well-Known Member

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    Your involvement can hurt her. Stay out of this! Stand by her side be her moral support but remove yourself from this. As stated your involvement could hurt her case not help.

    Parent Nook Forums - Index page
     
  6. army judge

    army judge Super Moderator

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    If the child was born AFTER the marriage she has parental rights equal to the father.

    As far as potential custody and child support obligations, BOTH of those matters SHOULD be resolved as a result of the divorce proceeding.

    I suggest you inform the woman to discuss the matters of child support, child custody, and child visitation for the other party with her lawyer.

    Good luck.

    I suggest you stop speaking to the man.

    You appear to be her paramour.

    He is a legal stranger to you.

    If you are active duty military engaged in a sexual relationship with a married woman, the man could complain to your commanding officer and you could be facing a courts martial.

    I know this because I am retired Army JAG and military judge.
    I am a sitting court of military appeals judge.

    You are free to make your own decisions.

    However, it would serve you best to make like a shadow and disappear the way shadows do when the lights go out. You're still there, but only one person knows about you.
     
    leslie82 likes this.
  7. leslie82

    leslie82 Well-Known Member

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    Is her husband the child's father or no? You say the child was born before she was married - so if the child was born before she married her husband and he has never established paternity, he has no rights. If he has established paternity, then they need to either agree on custody themselves or go to court. If they are divorcing and he has is the legal father, custody will be determined in court by a judge as will visitation and child support.

    If he is the legal father, then he can file for shared custody or shared parenting and many more states lean toward that in court.

    "We are still trying to figure it out. Im overseas right now and that's where it gets hard cuz he wont argue with me but he will pick fights with her over the stupidest of shit"

    YOU legally are no one. You have zero say in this matter. Her husband doesn't have to talk to you. Ever. In fact, it's best if you stay out of it. Also if you're active duty military, please change your profile picture because adultery is in UCMJ. Your "girlfriend" is still married - so if anyone in your unit saw this could try to get you in trouble. You don't have to be married to get charged with adultery either.

    If you're smart you stay away from this woman until she's divorced. I don't know how long you've been in but no one is worth ruining a career over.

    This woman needs to get a lawyer or talk to one if she has one.
     
    army judge likes this.

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