Bio Father trying to take custody from still pg mother

[Nancy&Cyndy]

GA
(Nancy & Cyndy's Friend)

I am 33wks pg, and not with the bio-father any longer. He has not been an active part of the pregnancy, nor has he had an active part in my life since 12 wks pg. I have 2 children with my current husband(yes still married, incident happened when we were seperated)He is aware of the situation, and that the child is not his, but My question is since I am still married do I have to include the bio-dad on the birth certificate, or will they automatically assume my current husband?? Bio-dad is threatening to try to take custody, and I feel that it could be a manipulation tactic to get me back, and do not want that. I know that I made a mistake becomming involved with this man, I just don't want this unborn child to have to pay for the same mistake. What type of things would the courts consider to give him custody and take this child from me? Any comments or advice will be welcomed. PLEASE BE UNDERSTANDING, and not critical......REMEMBER, PREGNANT WOMAN HERE AND HORMONAL!!!!

 

[HomeGuru]

GA
(Nancy & Cyndy's Friend)

I am 33wks pg, and not with the bio-father any longer. He has not been an active part of the pregnancy, nor has he had an active part in my life since 12 wks pg. I have 2 children with my current husband(yes still married, incident happened when we were seperated)He is aware of the situation, and that the child is not his, but My question is since I am still married do I have to include the bio-dad on the birth certificate, or will they automatically assume my current husband?? Bio-dad is threatening to try to take custody, and I feel that it could be a manipulation tactic to get me back, and do not want that. I know that I made a mistake becomming involved with this man, I just don't want this unborn child to have to pay for the same mistake. What type of things would the courts consider to give him custody and take this child from me? Any comments or advice will be welcomed. PLEASE BE UNDERSTANDING, and not critical......REMEMBER, PREGNANT WOMAN HERE AND HORMONAL!!!!

**A: very interesting. I am not responding for a reason. Others will respond so wait awhile.

 

[I AM ALWAYS LIABLE]

My response:

Before I can respond to you, I need to know if any of the involved parties live in a trailer.

IAAL

 

[jkathaz]

Now, Now...people who live in trailers have problems too!

 

[Nancy&Cyndy]

Brick home, do I qualify?

Yes, I live in a house, with a yard, and a fence, and we also have 2.5 kids, and a dog. Anything else?? I told ya Pregnant woman here, careful........



Oh by the way, the bio-daddy, still lives with his mommy, can't seem to cut the apron strings at 31.

 

[Whyte Noise]

Since you're still married your husband will automatically be "assumed" to be the father of the child. The hospital won't ask you if you want the father's name on the BC, they'll put your husband's there.

All 3 of my children were born in Georgia, and the ONLY one they asked me about the father was my oldest daughter, because we weren't married yet. In order for me to put his name on our daughter's BC, he had to agree, and sign the BC. However, once we were married, all that was asked of me was marital status, and when I told them married, they asked my husband's name. They did the rest. He didn't have to sign a thing.

 

[I AM ALWAYS LIABLE]

Yes, I live in a house, with a yard, and a fence, and we also have 2.5 kids, and a dog. Anything else?? I told ya Pregnant woman here, careful........

My response:

A brick house? Really?

I didn't realize they had brick houses in Georgia Hillbilly country.

Amazing. Ya learn something new every day.

IAAL

 

[Whyte Noise]

I do also want to add.....

The bio-father "could" request a paternity test.

You guys have a very complicated situation going on, and you need to know that sooner or later, the bio-father IS going to have to get involved in this in order for Nancy&Cyndy to adopt.

You know who the bio-father is, and any lies told on your part could render the adoption reversable. Be careful, you're potentially playing with fire here.

 

[Nancy&Cyndy]

Not the same post

MG - We are not adopting this baby, this is actually a friend of ours who was having a different problem all together. Our case is still pending, and we will go to court on monday 5/24 for our change of custody. The bio mom is trying to get us for "interference with custody", but since we had the power of attorney(that she never revoked in writting), we were keeping the child from her for his well being. We are not wanted for kidnapping, and yes we still have the baby, he is doing well and just turned 5 months old.

Sorry to confuse ya.

 

[Whyte Noise]

Ahhhhh, OK. I gotcha now.

Please be sure to come back and let us know how it goes, will ya?

My post before the last one still stands though, as far as this current friend is concerned. Actually, part of my second post does to because the father "can" request a paternity test. But her husband will be considered to be the "assumed" or "legal" father until a paternity test proves otherwise.

I wish you guys luck with your own case. I was born and raised in Ga., lived there the first 35 years of my life. I know how the good 'ol boy system works there, and although I imagine the 2 of you can provide a loving home for the child you're wanting to adopt I know it's going to be an uphill battle for you based on your genders.

You're dealing with the Bible Belt there, and Ga. ain't progressive, if ya know what I mean.

 

[Nancy&Cyndy]

Mg

I sure will keep you updated on what is going on. We have our "Probable Cause Hearing" on wed this next week, to see if there is enough evidence to arrest us on "interference with custody". We have a very strong case as to why we did not give him up, hopefully it will go well, but if you don't hear a post from me on wed day or evening, it probally did not go too well and I am tying to get out of jail (hope not). Anyways will keep you posted

 

[LdiJ]

GA
(Nancy & Cyndy's Friend)

I am 33wks pg, and not with the bio-father any longer. He has not been an active part of the pregnancy, nor has he had an active part in my life since 12 wks pg. I have 2 children with my current husband(yes still married, incident happened when we were seperated)He is aware of the situation, and that the child is not his, but My question is since I am still married do I have to include the bio-dad on the birth certificate, or will they automatically assume my current husband?? Bio-dad is threatening to try to take custody, and I feel that it could be a manipulation tactic to get me back, and do not want that. I know that I made a mistake becomming involved with this man, I just don't want this unborn child to have to pay for the same mistake. What type of things would the courts consider to give him custody and take this child from me? Any comments or advice will be welcomed. PLEASE BE UNDERSTANDING, and not critical......REMEMBER, PREGNANT WOMAN HERE AND HORMONAL!!!!

When a child is born to a married woman, there is a rebuttable presumption that the child is born "of" the marriage and the husband becomes the legal father. This presumption can be overcome by a challenge to paternity and a DNA test. If the husband is challenging the paternity, then its impossible to stop the DNA test. If paternity is being challenged by someone outside the marriage, a good attorney, armed with the right case law, may be able to stop the DNA test from ever happening.

With the right arguements, its possible that someone outside the marriage would not only have to prove that they had sexual access to the woman, but that her husband did not. In other words someone outside the marriage would need to be able to offer probable cause that they were the father, prior to a judge being able to order a DNA test. Since there is almost never a witness to the sex act, its harder than you might think to establish probable cause.

There is some really good case law out there on this subject.

Now, aside from the legal technicalities....your baby deserves to have a father from both the legal and moral perspectives. I suspect that most of the people on this particular board will believe that your baby deserves that father to be the biological father, whether the biological father is particularly fit or not or whether the biological father's motives for wanting involvement are due to an obession with you or a desire to be a father to his child. I at least will say that it needs to be SOMEONE. If your husband doesn't wholeheartedly want the role, then please think carefully before trying to deny your child any father at all.

 

[Nancy&Cyndy]

LDiJ

was wondering if you could point me in the direction of finding that case law. I might not even have to do anything if I can get some of that to cite to the bio. I agree that this child should have some type of contact with his bio, but until he stop fixating on me, and I am sure he will not use the child to manipulate me, I don't want him to. As of now, my husband is willing to do what ever I ask, but I will not keep the bio out of his life. I will let him know his father, but just don't trust him right now. He has not shown any interest in the baby at all when he calls, just wants to know about me. not even how I am feeling, just if I still care about him. Thanks for all your help and support.

 

[Whyte Noise]

You don't need case law. It's in the Georgia statutes, Chapter 19.