Need Advice on Paternity

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tea74

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This is a complicated story.

When my ex-husband and I got married, we had a child. He is her biological father. 5 years later, we were seperated, and I was seeing someone, and got pregnant. I moved in with my parents with our daughter, and we proceeded to get a divorce. The biological father of the child I was carrying turned out to be a deadbeat, and would do nothing for me when I needed it. (He lives out of the country). my husband at the time decided to move back, and he and I decided to work things out. He knew he was not the biological father of the child I was carrying. When she was born, he signed her birth certificate to take legal custody of her. We stayed together for 3 and a half more years. He currently pays child support on both the girls.

We recently divorced, and I am now remarried, and have a child by my new husband. When my kids go to visit their father, they always come back acting up, and or sad. He is living with his girlfriend who has 2 children of her own. I am finding out there is alot of screaming and yelling going on down there between my ex and his girlfriends 13 year old son. (The son has threatened to hit my ex numerous times according to my oldest daughter). I am also finding out he takes his frustration out on my oldest daughter, the one that is his child biologically. She gets in trouble for the smallest thing. He is always telling my husband on the phone how he is ready to go back to work after the girls have been down there.

The younger daughter (the one he signed the birth certificate for but is not biological father) has a tendency to throw crying fits (she is only 4). I have been working with her, and are getting those tantrums down to a minimum when she is at home. I found out from my older daughter, that when the younger one throws these fits, my ex calls her a baby all the time. The newest thing he calls her is titty baby.

I feel my children are emotionally and verbally abused by my ex. My new husband loves the girls as if they were his own. He would love nothing more then to adopt the children as his own as well.

The biggest question I have is, what kind of rights does my ex have over the younger one. , if I were to order a paternity test to get his rights taken away to allow my new husband to adopt her. I know the older one is a bit tougher, but she has expressed her own wish to be adopted by my new husband as well.

Let me add, that my ex refused to pay me any support before our divorce was final because we didn't have an official court order. He delayed our divorce as long as he possibly could, and now has been late numerous times on child support. (He owed me child support on the 1st and I still have not gotten it yet.) The oldest one doesn't even want to go down there for the every other weekend visits. she has went once in the last 8 weeks.

I feel he is cruel to my girls, and I sit up at night crying over it, because I hate what they have to go through. This isn't the first time he has been emotionally abusive.

When the older child was 3 years old (she is almost 10 now), my Ex was out of work and cared for her. When her grandparents would bring her home to him, she would scream and yell to not take her to her daddy. And at one point called him a "swarthy giant". At the time she also disassociated from herself. Would scream to not call her by her name saying how she hated her, and that she was not her.

What can I do about the younger one that is not his biological child. And what rights would he have.

Sorry for the long post. I wanted to make sure to get as much information in here as I possibly could.

Thank you.
 
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In most states it is probably too late to dispute paternity. It should have been done when you divorced, or soon after the birth but most states have a very short window.

Playing musical dads is not in the child's best interest. The fact he is not the bio dad probably does not matter since you were married at the time of the birth, he is the legal father.

If you have issues with him, its best to think about both the kids and take him back to court if you want to limit visits but you have to have a very good reason as emotional abuse is hard to prove.

Also its probably not in the childs best interest to take away the only father she has ever known.

See an attorney to see what options you have.
 
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