rights of a married couple.

[ChristinaRae26]

I am a 26 yr old mother, I am married to a wonderful man. We are expecting a baby soon. my hubby and I seperated and then ended up getting back together. Well I became pregnant. This child maybe someone else's that I dated during the split. I don't want this person in my childs life because he is very very abusive. He has threatened me throughout my pregnancy. He abused my 3 yr old daughter. I turned him into cps but they seem to be playing a game. They keep saying we are sending someone out to talk to your daughter. Well months later and nothing. I call the case manager and she doesn't return my calls. I was given some legal advice that says if my husband signs the birth certificate and claims to be the father, there is nothing my ex can do. If he orders a dna test then I can decline to take this test. I read some of the law and it says because I am married my husband is automatically the father. That my ex has no legal grounds in this case. I know it sounds mean but this man has a history of abuse. His mother worked for the local law enforcement in my home town.She got him off on a lot of charges. He has anger issues but will put on a good show for others. So do I need to worry about court or can I just go on living and have my husband as the father? My husband wants to be the father reguardless of dna. I fear for my child. My ex is a monster . So if the information I was given true? Also my ex lives in a different county then I do. Can he legally force me to go into another county for a dna test? He threatened me throughout my pregnancy. I have lived in fear because of his abuse and control issies. I am looking for away to keep my child safe. So in the long run, if my husband signs the birth certificate is there anythign my ex can do? Can he force me to give a dna test?

 

[Duranie]

Does your husband know this baby may not be is? Since you are married your husband would be the legal father, unless this other guy files a paternity suit.

As far as the abuse of your daughter, that is serious. You should be calling law enforcement as I am not sure now CPS would get involved since you have ended the relationship with this guy. You are going to need proof of the abuse. What kind of abus was it? I would put a call into the police but you should have acted on this much earlier, and it questions your credability now.

Big mistake getting pregnant with this jerk. All you can do is cease all contact and hope he does not challenge paternity. Once your husband is recognized as the legal father, there is only a very short time window he can change his mind, so hopefully he won't back peddle. So if you guys wind up divorcing, hubby cannot change his mind about being the father.

good luck

 

[ChristinaRae26]

Thank you fpr your reply. I have called cps they have had the case for a while and are doing nothing. Also I checked in with an attorney and I was told he can go ahead and challenge a paternity suit but My hubby has to sign off on the child by choice. Also that If my ex wants a DNA test we can decline it. It is stated in the law no one can be forced to give or take a paternity test. So if he tries all we have to say is no I know yousaid big mistake but I don't see my child as a mistake. I know I should have been more careful and wasn't. But then again everything happens for a reason. Thank you again