My friend has a one year old son with his wife. At the point of marriage they were both marines in California. His son was born there and he signed the birth certificate. Come to find out his wife was cheating, there is no proof except for the guy called my friend and told him. They filed for divorce but both got out of the marine corps last November and the paper work never went through. They both resided in California, but lived separately. He begged to see his son and got granted the chance two or three times in 5 months. But this was “supervised” he wasn’t allowed to ever see his son with out her, and he couldn’t take him anywhere. He told her that he was going to move back home to Georgia in March so he could get a job, he had no luck in CA. SO he moves back to GA… He attempted to get a hold of her several times the first few month but had no luck. Come to find out she moved back to Ohio with their son without him knowing.
Long story short how likely is it he can have AT LEAST %50 custody of his son if the child is his?
If the child is not his, in the state of Ohio or Georgia will he have to still pay child support because “his name” is on the birth certificate?
And how much would the child support be if he is making roughly 1,1 a month at his job?
Thank you.
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Go to Dads House in Yahoo Groups. There’s a free manual there that will teach you all you need to know, and association with others involved in similar cases.
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Your right society is taking a beating from divorce. 90% believe that adultery is wrong but 50% of marriages have an affair. Even in countries that adultery is punishable by death it still happens. No matter how hard we try to force monogamy as a way of life, we can’t overcome human nature. In the United States if you want some verity then you are put into a position that sucks either you cheat or divorce. We should be a little more excepting of sexual desires and the divorce rate would fall. I am glad that I have an understanding wife. I have not cheated on her but we are not strictly monogamist. We have done some adventures things together that keeps the interest alive.
It is very unlikely he can get 50% custody if he is the father unless he can show she is a very bad mother (on illegal drugs).
Yes, he might have to pay child support. She might of already filed and been coached to say she doesn’t know where he is. Then the will make the award without him having a chance to contest paternity. Presto, he will have to support the child, and not the state of Ohio or Georgia.
He should try to get his name off the birth certificate. And he needs to make that paperwork go through.
He needs to talk to a great lawyer about making sure she can subvert the system to get him on the hook for child support. I would recommend talking to as many lawyers as you can and taking the composite of their answers.
i was a military child by step status but i would say if he signed the birth certificate he is screwed. but only if the bm knows it. in the military when you claim a child it’s like property and you can’t take it back
but he also at the same time can get the child if and or if it is not his dependent upon if they are in the same region or not otherwise he will have to pay. the pay doesn’t matter too much on the parents pay as it does the area they live in. lots of lov and hope it all works out
Children born within a marriage are considered the children of the couple regardless of parentage. As long as no one is contesting the paternity of the boy, he has the rights of a father. He needs to speak to a lawyer and get visitation rights and possible joint custody.
If he wants to contest paternity and child support he will also need a lawyer since his name is on the birth certificate.
Okay, no one on the side would want all these details…we know it’s you, to which you speak!
He may be stuck paying Child support a short time, since he signed, but DNA will get him out of it (saw it done). 1,1 a month, you might get 4 bucks with one kid, but there again, if he’s smart he’ll stop you from seeing a dime.
well i dont know if my answer would help at all but i belive that if his name is on the childs birth certificate that he his indeed the legal father therefore if he finds a good enough lawyer that he can gain 1% custody of his son plus no paying child support because hes his legal father…i dont know if that helped at all but i wish him the best of luck
Source(s): I also have a son that “isnt mine”…
i know this well,if the name is on the certificate, he has total rights,he can get joint custody.if you dont think kid is his,childsupport will pay for a dna swab,if not proven to be yours then no child support is ordered,without swab,name is on certificate and child support is generally 2 to 225 a month.must get name of the other person who could be father,you will need it. i pay for a kid who is not mine but my mistake signed the certificate even when i had suspicions,but i love the kid and i am dad
Source(s): got a swab
First he will need to get a paternity test done. If the child is not his then he will not have to pay any child support. If it is his then he should pay what he can afford and he can get joint custody as long as she doesn’t fight it and try to get him declared unfit.
there is too much speculation first of all,he need to get a lawyer,request a dna,file for a divorce,his lawyer can help him on this matter,he do not need to get stuck with a child that is not his unless thats what he want,if he have to pay child support his payments will be close to 20% of his gross income before taxes! where do you fit in all of this? lawyer…..dna…divorce…is what he need !!