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Just as the name states...
Im going to try not to take up to much of your time.
Long story short:
My soon to be ex husband is trying to get custody of my child. Child was born before marriage. I was 15 when child was born, husband was 22.
Marriage took place 3 months after child was born. This is not my husbands child, he signed birth certificate knowing this.
Child's biological father is dead, husband refuses to take paternity test even though it is paid for, it was court ordered but then dropped by general magistrate after paternity case was on the dockets for so long with no response.
Dissolution of marriage with minor children filed by my husband has been open for 3 years.
I know nothing about the law, so I asked him, since he didn't want the marriage any longer, to file for divorce.
After years of being with this man I have decided I want nothing to do with him, we have no marital assets, the only thing in the divorce is my child. I do not want money from him nor any sort of help.
Child is currently 6, my husband has not been helping nor in my child's life since she was 3.
I have realized over the years this man is mentally unstable due to the fact that he was 21 having sexual relations with a 14 year old, I was young and naive and looking for the wrong kind of attention. For years I have been to afraid that no one would care if I voiced how I felt about my husband.
Now I care more than ever, im worried that he is going to get some sort of custody of my 6 year old daughter.
Im worried about what will happen when she gets older.
I want to know if my feelings are relevant and if I have a case?
Thank you.
P.S. I have moved out of state, due to economic strife and to ensure that my daughter has a better livelyhood.
A court document states verbatim: The court notes the wife has removed the minor child from *blank* county, in violation of this courts standing temporary order for family law cases with minor children July 6th, 2010.
It does not state that I have to come back to the county, will this move hinder my case or will it show that I have the best interest of my child at hand?
Also I was unaware of this order since I lived in a different county as the county stated in the court papers when I was served the divorce papers.
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The statement contained in the court order is not a good thing. If his name is on the birth certificate, he probably signed an "affidavit of paternity" at the hospital. If that is not challenged within 60 days, it is pretty much permanent. My impression is that you are not paying proper attention to your case and that you need expert advice. You really need to have at least one consult with an attorney. Yes, he could possibly gain parenting
rights. There is also a possibility of him becoming the majority (primary) parent.
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