Bombshell - Dad proven not to be biological Dad

[GPSPRES]

What is the name of your state? Virginia

My daughters (Alice) boyfriend, I'll call him Fred, has custody of his 4 year old daughter. The mom, I'll call her Rita, has supervised visitation rights. Fred has had custody for 4 years now. Fred is still married to the Rita because she will not sign divorce papers even though Rita does not live with him or has for 4 years and 2 other children by other fathers. Fred was granted full custody by the family courts and Rita was given supervised visitation rights. She appealed this decission in the circuit court. Her appeal was denied and after the judge told her this Rita informed the court and Fred that he was not the biological father. DNA testing was ordered and they returned back to court and it was proven that Fred indeed was not the father. He told the judge that he still considered his daughter his and the judge told Rita that it was up to the real father to step forward. He has not.

Rita threatens Fred on a regular basis that she will have the daughter taken away from him. She also threatens this every time he starts divorce papers and out of fear of losing his daughter he drops everything.

Alice and Fred and his daughter have lived together for 2 years. They would be married by now except for Rita's constant threats. Fred's daughter call's Alice Mom because she is the one who takes care of her. She understands that Rita is her real mom though. Alice is expecting Fred and her baby this month. They have very much involved Fred's daughter in the preparation for the new baby, they tell her that he will be his little brother. Rita tells her that he won't be and that Alice will never be her Mom. It breaks my heart to see this. Fred has finally filed for divorce and as expected Rita contested. She told Fred she did this so she could have unsupervised visitation rights and if she does'nt she will take her daughter away. Rita has done none of the things the court has asked her to do (drug counseling, parenting classes, pay child support to name a few) Rita is very manipulative and we are all afraid that she will get custody of her daughter and that Fred, who has been such a good father will lose out because he has been proven not to be the biological father.

What should Fred do??? I tell him that Rita is holding him hostage!!

 

[Rvela]

Proceed with the divorce. If the little girl was born into the marriage, she can be assumed the father. His other option is to adopt the little girl. since the "real father" doesn't step forward this probably wont be a problem.
If Rita wins custody back, Fred will have visitation rights. And every time Rita denies, take her butt back to court. Document EVERYTHING. I mean everything.

 

[GPSPRES]

Can Rita contest the adoption?

 

[Meursault]

Her appeal was denied and after the judge told her this Rita informed the court and Fred that he was not the biological father. DNA testing was ordered and they returned back to court and it was proven that Fred indeed was not the father. He told the judge that he still considered his daughter his and the judge told Rita that it was up to the real father to step forward. He has not.

The above is the only RELEVANT part of your entire thread. So learn to leave the emotion out of it.

From the South Carolina Supreme Court:

A man who raises a child as his own may be granted parental rights even if he is not a biological parent and the mother objects, the state Supreme Court ruled yesterday.

In a unanimous decision, the justices concluded that an Alameda Superior Court judge “acted well within [her] discretion” in relying on a statutory presumption of fatherhood, even in the face of an admission that the man was not the child’s biological father.

The high court overturned a contrary ruling by the First District Court of Appeal, which held that the man’s admission that he was not the biological father overcame the statutory presumption.

The case is In re Nicholas H., 02 S.O.S. 2814.

However, Virginia is rather quiet on the matter of the putative father rights issus. the only notice I've found is the following.

Statute:
§§ 63.2-1202; 63.2-1222
Must object to adoption proceedings within 21 days of the mailing of the notice of such proceedings.

And the following:

§ 20-49.1. How parent and child relationship established.

B. The parent and child relationship between a child and a man may be established by:

2. A voluntary written statement of the father and mother made under oath acknowledging paternity and confirming that prior to signing the acknowledgment, the parties were provided with a written and oral description of the rights and responsibilities of acknowledging paternity and the consequences arising from a signed acknowledgment, including the right to rescind.

The acknowledgement may be rescinded by either party within sixty days from the date on which it was signed unless an administrative or judicial order relating to the child in an action to which the party seeking rescission was a party is entered prior to the rescission. A written statement shall have the same legal effect as a judgment entered pursuant to § 20-49.8 and shall be binding and conclusive unless, in a subsequent judicial proceeding, the person challenging the statement establishes that the statement resulted from fraud, duress or a material mistake of fact.

In any subsequent proceeding in which a statement acknowledging paternity is subject to challenge, the legal responsibilities of any person signing it shall not be suspended during the pendency of the proceeding, except for good cause shown. Written acknowledgments of paternity made under oath by the father and mother prior to July 1, 1990, shall have the same legal effect as a judgment entered pursuant to § 20-49.8.


And additional reading:

http://www.state.wv.us/wvsca/docs/Spring02/30189.htm
http://www.courts.state.va.us/txtops/2179011.txt

 

[GPSPRES]

The above is the only RELEVANT part of your entire thread. So learn to leave the emotion out of it.

Its hard to leave emotions out of it when the well being of a 4 year old is at stake, but we do try

Thanks for the reference reading.

 

[nextwife]

Next time Rita starts blabbering about taking the child away due to paternity (which she never admitted was in question until she LOST in court) why not send her off a copy of the case law IAAL just cited and tell paternity is something SHE can NOT now challenge.

 

[Meursault]

why not send her off a copy of the case law IAAL just cited

Why I'm blushing all over. Thank you for that compliment Nexie

 

[GPSPRES]

I'm a little confused...

Next time Rita starts blabbering about taking the child away due to paternity (which she never admitted was in question until she LOST in court) why not send her off a copy of the case law IAAL just cited and tell paternity is something SHE can NOT now challenge.

Why can't she now challenge it? Are you saying that the day it was proven that he was not the biological father and he stated that he still considered himself the father and the wife did not appeal within a certain time frame that she can not challenge it now?

 

[nextwife]

Meursault, oops! I posted too fast, hon.

 

[GPSPRES]

So does she have rights to challenge????

 

[nextwife]

SHE cannot challenge paternity. I believe ONLY the biodad can now do that. That is IF biodad wants to be responsible for child support and other paternal responsibilities and IF he can be found. Biodad may be perfectly happy with the status quo and NOT want to be tied to lovely Rita forever.

 

[GPSPRES]

I'm not sure Rita knows who BioDad is, during the marriage there has been 3 children by 3 different fathers. Fred new the 1st was not his, as she was pregnant with #1 when they met and then they married, but really thought the 2nd was, the 3rd was born 3 years since their separation. Fred had custody of both #1 and #2 but because she was threatening to take both kids away from him he relinquished his rights to #1 because she said if he did she would'nt fight him for their daughter. But like I said she has blackmailed him with getting custody ever since.

She is not too smart because just last week she contested the divorce on the grounds that the papers listed all 3 kids as being born within the marriage (as the papers must state) and that they were not. ????? They are still married and all 3 kids were born since they got married. I don't know why she is saying different... facts are facts. Fred just wants a divorce and to keep custody of his daughter. She just won't let him move on.

At any point I don't think BioDad will be stepping up.

 

[BigCat50]

If Rita and Fred are still married, Fred IS the legal father. Generally, even if the Bio-father comes into the picture, he will not be required to pay cs, nor will he get visitation. I don't mean to sound as if this is all set in stone, because this type of issue has been challenged, and may change in the future.
This changes after the divorce.