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Discussion Starter · #1 ·
OK.<br><br>
Child born inside an intact marriage result of adultery. Marital parents (BIo mom and non-genetic dad) state of FL. Bio father state of Louisiana. Bio mom played off as non-genetic dad's kid. DNA results prove otherwise. Non-genetic dad has raised child from start as own child, recently learned not his.<br><br>
Question: Can non-genetic dad be stuck for support? Can non-genetic dad get custody?<br><br>
Atty says not a problem must pay support, and can get shared custody with non-interference from bio dad. Atty also says that as non-genetic dad is on both birth cert and has raised kid that he is de facto kid's legal dad. I'm thinking bio dad still has rights.<br><br>
Been researching all evening on federal sites and FL site.<br><br>
Likelihood of doing an adoption proceeding and getting bio dad to relinquish rights slim to none.<br><br>
Thoughts?<br><br>
I think it hinges on FL 742.18 (Disestablishment of paternity or termination of child support obligation), specifically :<br>
3) Notwithstanding subsection (2), a court shall not set aside the paternity determination or child support order if the male engaged in the following conduct after learning that he is not the biological father of the child:<br><br>
(a) Married the mother of the child while known as the reputed father in accordance with s. 742.091 and voluntarily assumed the parental obligation and duty to pay child support;<br><br>
(b) Acknowledged his paternity of the child in a sworn statement;<br><br><i><b>(c) Consented to be named as the child's biological father on the child's birth certificate;</b></i> as he's never removed his name from the birth cert and continues to raise child as own.<br><br><b>(d) Voluntarily promised in writing to support the child and was required to support the child based on that promise;</b> (at temp hearing, no support ordered, interestingly enough, although alimony was - sends CS though anyways)<br><br>
(e) Received written notice from any state agency or any court directing him to submit to scientific testing which he disregarded; or<br><br>
(f) Signed a voluntary acknowledgment of paternity as provided in s. 742.10(4).<br><br>
Liz
 

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It sounds like under 742.18.3 there would have to be a hearing to determine paternity, and it sounds like that would go to the non-genetic dad. Looking at local case law would give a better idea of how the local court might rule, though.
 

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Discussion Starter · #3 ·
I'll have to keep researching it.<br><br>
My concern is that he gets custody but then bio-dad waltzes in and says, "Oh, 9 years into this kid's life I want him."<br><br>
I'm researching if Federal Statutes would prevent that though, not sure. I have a feeling it might be considered abandonment as kid knows who is dad is and vice versa but bio dad provides no support and is not involved to any degree in kid's life.<br><br>
Liz
 

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I believe that bio-dad would only have rights to the child if he fought for his rights to the child. Other than that the legal father (because of marriage) has automatic rights to the child until a new court order states other wise. Which also includes paying child support, if mother has filed for it.
 

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Discussion Starter · #5 ·
That is the whole problem.<br><br>
I can't think of any way other than getting the dad to abdicate his rights to ensure that non-genetic dad can raise the kid with shared custody with soon to be ex-wife.<br><br>
Ex-wife is fighting tooth and nail to avoid going to a hearing or anything to get bio dad to terminate rights. Temp hearing didn't bestow any CS even though alimony was awarded which makes me wonder if bench judges in the locality are going to rule in favor of bio dad vs. "legal dad" regardless.<br><br>
So by code section, I can prove that non-genetic dad is legal dad, but I can't ensure that he can maintain rights without interference....<br><br>
I guess I could try and get the local legal organ and research archives for how they've ruled but that is a real pain in the hiney.<br><br>
Sigh. <img alt="" class="inlineimg" src="http://www.mothering.com/discussions/images/smilies/greensad.gif" style="border:0px solid;" title="greensad"><br><br>
Liz
 

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Yeah, at this point non-genetic dad is the de facto father, and that won't change unless bio dad sues for a paternity determination. The more time passes, and the less contact he has, the less likely he would be to win paternity.
 

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Ah but this is Fla, and in the local courts I have seen both de facto dad, bio dad and mom get shared custody. The child at time of discovery of facts was approx. 3, at time of court was 5. Bio was unaware of existence, non-bio was NOT aware that he was not father and had had full custody for a few years prior to court. Best interest of child was bio dad + de facto dad + mom. Actually made a fairly happy, well rounded kid. (And for anyone interested, it was 3 days bio +2 days de facto + 2 days mom)<br><br>
HOwever, waltzing in way later in life, with no contact if he is aware of child's existance is different and is grounds for termination of parental rights. 6 months without material support/visitation is grounds for such if he is aware of paternity. We're currently just getting into this mix. Can actually be filed for pro se as part of a step parent adoption, but in Fla, that requires mom and Dad be married at time of hearing. If its moms desire to seek that option, then it might be best to put divorce proceedings on hold, proceed with term/adoption and then go forth.
 

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Discussion Starter · #8 ·
Mom wants to make de facto dad pay support but still hook up with bio dad who's her squeeze and keep him in the picture. Kid repeatedly states that de facto dad is dad and bio dad is a complete stranger.<br><br>
What a complicated picture! UGH!<br><br>
Liz
 
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