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Joined: Apr 2008
Posts: 174
M
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M Offline
Joined: Apr 2008
Posts: 174
Does anyone know where to find NC rules on parental rights when it comes to the child of OM? My H and I were married when I had concived and gave birth to OC. H has fears that OM may try to come back later on down the road (OC is 2 yrs now) and try to take our son from my H. If anyone knows where I can find the rules to this situatuion please help. I think knowing that (HOPEFULLY) OM can't just come back later and decided he wants to be in our sons life would help my H alot. That is one of his biggest fears right now. Thanks.


Me-25 FWW/BS
DH-25 BS/WH (user name DRO)
M- 4/17/2004
DS-4 OC born 12/10/2005
D-Day 1 4/4/2008 (my A)
DNA test #1 4/17/2008
DD-1 born 6/11/2009
D-Day 2 7/20/2010 (H's A)
DNA test #2 7/23/2010

NC yet to happen between H and OW........
R not yet able to happen


my story
http://www.marriagebuilders.com/ubbt/ubbthreads.php?ubb=showflat&Number=2102978#Post2102978

http://forum.marriagebuilders.com/ubbt/ubbthreads.php?ubb=showflat&Number=2408314&page=1
Joined: Jul 2004
Posts: 11,539
F
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Joined: Jul 2004
Posts: 11,539
It really depends on your state. Here in California the H is the father unless in the first two years he contests paternity. The OM has no right to contest. The courts consider any child born during the M to be the H's. However, one state I know of recently changed the laws to allow the intruder to contest paternity. I cannot imagine what is going to happen to marriage in this country if we let these intruders continue to interfere in the relationship between an H/W.


Faith

me: FWW/BS 52 H: FWH/BS 49
DS 30
DD 21
DS 15
OCDS 8
Joined: Apr 2008
Posts: 174
M
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Joined: Apr 2008
Posts: 174
Do you know a good website to look for the answer, because I have tried to find it but all I am finding isn't what I need. Or do you know what I need to google to better find the answer? Thanks.


Me-25 FWW/BS
DH-25 BS/WH (user name DRO)
M- 4/17/2004
DS-4 OC born 12/10/2005
D-Day 1 4/4/2008 (my A)
DNA test #1 4/17/2008
DD-1 born 6/11/2009
D-Day 2 7/20/2010 (H's A)
DNA test #2 7/23/2010

NC yet to happen between H and OW........
R not yet able to happen


my story
http://www.marriagebuilders.com/ubbt/ubbthreads.php?ubb=showflat&Number=2102978#Post2102978

http://forum.marriagebuilders.com/ubbt/ubbthreads.php?ubb=showflat&Number=2408314&page=1
Joined: Jul 2004
Posts: 11,539
F
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F Offline
Joined: Jul 2004
Posts: 11,539
Go to your state government website and search for child support guidelines and visitation. It might be under your county superior court website too. Some states actually go county by county.


Faith

me: FWW/BS 52 H: FWH/BS 49
DS 30
DD 21
DS 15
OCDS 8
Joined: Mar 2003
Posts: 1,383
A
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A Offline
Joined: Mar 2003
Posts: 1,383
You can also call a family law attorney to get the information for your state.

In most states, the fact your dc is 2 yo, xom will have a very difficult time.

I know the feeling though. Very unsettling for quite awhile.

Joined: Oct 2005
Posts: 6,025
M
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M Offline
Joined: Oct 2005
Posts: 6,025
I once posted a listing of all the states rules on this but without the search function I won't be able to find it.

Google the keywords: "Paternity presumption" +[your state]

The majority of states allow OM to contest paternity but, as I recall, about 12 states do not allow it at all and most others are like FF said above...they (OM's) have 2 years to contest it before the paternity presumption applies to the BH.

If you've already performed your own test to determine the your BH is NOT the father (and you presume OM is) speak to your attorney before revealling anything to OM. In other words, IF OM enters the picture to get information DON'T help him along by admitting paternity to him. In fact, tell him you've already tested and BH IS the father or just avoid answering saying you have no idea.

It's been two years...do you have reason to believe OM is sniffing around to figure out if he's the father or is your husband just attached to the child and nervous????

Mr. Wondering


FBH(me)-51 FWW-49 (MrsWondering)
DD19 DS 22 Dday-2005-Recovered

"agree to disagree" = Used when one wants to reject the objective reality of the situation and hopefully replace it with their own.

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