Francis226901
New Member
- Jurisdiction
- New Mexico
Backstory before I jump in. I have 3 kids ages 11,6 and 3. I have been with my husband for 12 years and have my older two children from him. We separated briefly and unfortunately but fortunately I became pregnant with my youngest child from another man through a one night stand sort of situation. Then my husband and I reconciled once I found out I was pregnant. Therefore his name is or was on her birth certificate. My husband was with me all throughout my pregnancy and till this day. My daughter knows him as her father. I moved to California about 11 months ago to have more support from family and just found out the judge adjudicated parentage to her father. Although I never attended court for the matter. I now have a bench warrant for failure to appear when I was never served to begin with. I never had a fighting chance. Her biological father whom they adjudicated parentage to has been in her life for a total of 3 months visiting her 2 days a week within the 3 months. I'm wondering now what I have to do. If I respond and fight it there's a chance they will give him rights because look what they've already done. He has a record and currently sells drugs and has a history of Heroine use. The idea of him having a chance with joint custody worries me. I am really wondering if I don't respond what will happen next. Can he take me to court for joint or sole custody without me attending court? And will he get it considering I'm not there to fight? Can he claim he served me like he did this time? If I get a good attorney what is worst case scenario and how is custody split in different states? We have an established life in California and are in the process of buying a home. When my daughter was visiting with this man it confused her so much she was visibly uncomfortable and the thought of him having equal rights to a child he doesn't know and who doesn't know him is scary. Please help. This is such a unique situation.
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