Community Chat

[esmerelda]

Very hard for me to believe the son didn’t know of the existence of the two small children. 

ETA...and the mom shacking up with the daughter there is a terrible example. 

[VanSleepy]

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@SarahW wrote:

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@mom2four0418 wrote:

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@Love my grandkids wrote:

Having been a legal secretary for many years, it's highly doubtful that the son would be "responsible" for the wife's otehr 2 kids.

She is openly living with another man, other people know he is the father.

He needs a good family law attorney YESTERDAY!

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That is not correct and it is quite likely.  Each state has their own laws on this.

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The other 2 kids belong to the "boyfriend," not the OP's son.   No way is he responsible for them.  

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Yes, in some states the husband is the legal father even if he is not the biological father.

[libbyannE]

Get a local atty. who specializes in custody cases. Now.

[software]

No!

Just get a local lawyer.

There are all kinds of law firms, some do specialize in Men's legal issues as it relates to child custody & divorce.

If he wants to search online, tell him to search out the state bar association.

They will give him several names of lawyers in that specialty.

Tell him to save his money for a real lawyer.  

I hope it all works out for him.

@chihuahuamom

[Kalli]

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@VanSleepy wrote:

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@SarahW wrote:

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@mom2four0418 wrote:

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@Love my grandkids wrote:

Having been a legal secretary for many years, it's highly doubtful that the son would be "responsible" for the wife's otehr 2 kids.

She is openly living with another man, other people know he is the father.

He needs a good family law attorney YESTERDAY!

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That is not correct and it is quite likely.  Each state has their own laws on this.

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The other 2 kids belong to the "boyfriend," not the OP's son.   No way is he responsible for them.  

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Yes, in some states the husband is the legal father even if he is not the biological father.

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@VanSleepy, Is this true even when it is currently very easy to discover from dna who the bio dad is?  

I can see this being the case years ago but with dna tests available it seems like any court case would take dna evidence and rule that the bio dad is responsible for his own children.

[mom2four0418]

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@Kalli wrote:

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@VanSleepy wrote:

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@SarahW wrote:

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@mom2four0418 wrote:

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@Love my grandkids wrote:

Having been a legal secretary for many years, it's highly doubtful that the son would be "responsible" for the wife's otehr 2 kids.

She is openly living with another man, other people know he is the father.

He needs a good family law attorney YESTERDAY!

---

That is not correct and it is quite likely.  Each state has their own laws on this.

---

The other 2 kids belong to the "boyfriend," not the OP's son.   No way is he responsible for them.  

---

Yes, in some states the husband is the legal father even if he is not the biological father.

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@VanSleepy, Is this true even when it is currently very easy to discover from dna who the bio dad is?  

I can see this being the case years ago but with dna tests available it seems like any court case would take dna evidence and rule that the bio dad is responsible for his own children.

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It has nothing to do with DNA but rather who the mother is legally married to.  

[missy1]

Get a consultation from an attorney.

Many here file themselves. It depends on how complicated your case is. If if you have the money/or can get resources file, with one. Many here lack those funds.

You say they have been seperated. Did they file seperation papers or did they just separate? If they have been filed then you are a step ahead.

Does he pay child support?

Most states do not let you have full custody unless there is a reason. If the child is  closer to being a teen, the court usually lets the child decide.

If legal separation papers have not been filed, it is though you are still married. Your son don't have to give his kid back until the court decides. In my state one needs to file temporary orders along with the  divorce papers . You get in court faster with temporary orders.

[missy1]

There is a gray area in some states. If legal seperation papers (with the court) were not filed, then her son and his "wife" are still legally married. The son could  be responsible for child support/etc. of the other 2 kids by his wife.

This is why it it important for the Op son to get a consult.

A tip. Go get a consult with many attorneys in the area, so wife can't use them. (like if there are really good ones)

[K9buddy]

Unfortunately, mom2four is correct.  Your son needs to get a divorce.