Acknowledgement Of Partertiny was SENT BACK! Never filied!

Adelaida - posted on 08/29/2016 ( 9 moms have responded )

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At the time I got preggos with my now 9 year old daughter I was married. Husband and I spilt 2 years prior.(NOT DIVORCE) My daughters father and I were together for 6 years. After we spilt, for 4 years he took her on the weekends and I had her all week. No court order. He gave me $65 a week in child support. All was good till my daughter started to complain that she did not want to go with her father on the weekends. His girlfriend of 4 years started to change with my daughter. We spoke a few times, thinking we can resolve any issues we were having. Not the case. It got worst as time went by. He came to pick her up for his weeknd visit and never brought her back. The day she was to be returned home, I was served with court papers. I called to speak to her, no answer. Nothing for a month.Court was ugly!! Fast forward a year later (while in his care not mine) Judge ruled us joint custody. Him primary custody. 2 weeks ago he called to ask me why wasent he on the BC?.. Told him I was married at the time I had the baby...Don't you remember we never went to court to fix it. What happened was, While I was at the hospital a (AOP) was giving to me to fill out, BUT I wasent suppose to because I was married. So when DOH got the papers, also the letter from my husband stating he is not the father of this child, DOH sent it back to us for us to go to court and take care of it...WE NEVER DID!!! So he is not on file. But he is waving the AOP that was sent back from DOH like its vaild..and it's NOT! He's even register her in school with it. What I'm NOT understanding is how did he get to get primary custody if he has NO Parental rights?..They never checked into it. I've called everyone! My lawyer , her lawyer ,DOH , The Town , Hospital, Court..etc. I heard people say "Wow" ..That's not good'. A lot more details to this story. I'm hoping someone can help point me in the right direction. Again!!!...AOP IS INVALID! NEVER WAS FILED!

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♫ Shawnn ♪♫♫ - posted on 08/30/2016

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So he maybe got a dna test to validate his paternity, which, being proven, gives him the same legal right as you. You didn't get things sorted out when your (then) husband stated he was not the child's father, so you could have finalised the custody then.

Since it was passed over in the busy period, no one legally has custody until the courts decide, and an emergency order can be requested.

What it boils down to is that you need an attorney. Good luck!

Sarah - posted on 08/29/2016

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Good heavens why did you not get help from the authorities when he first refused to return her? If you had a BC that showed no paternity, he would not have been able to parent her for the entire year. He has the AOP, he does not need anything more from you to register her for school etc. You admit he is the father! Why YOU gave up your right to parent is beyond me!
This is a fine example for all parents; single, partners, married, one night stand, etc. GET YOUR LEGAL DOCUMENTS IN ORDER!!!!!! The child deserves to have a legal document that outlines his/her lineage...stop being stupid and selfish and do what is right! IF I had a nickel for every improperly documented birth....I could retire!

Jodi - posted on 08/29/2016

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He has parental rights due to status quo I'd imagine. Or he had some proof. You've allowed him to acknowledge he is the father all these years, and now all of a sudden you are pissed about it because he isn't on the birth certificate? Just fix the birth certificate. I'm not quite sure what else you are asking or trying to achieve? The fact is, he IS the father, so I'm not seeing the issue other than a birth certificate that needs to be fixed.

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Adelaida - posted on 08/30/2016

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I'm not trying to say he's not the father. Thats not the issue here.. It's just very upsetting to know that he was able to do all this without being on file. If he can do it I'm sure others can too. smh

Adelaida - posted on 08/30/2016

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Thanks! yeah well I was married at the time. It totally slipped our minds after the baby was born. But yes a lawyer is needed.

Sarah - posted on 08/30/2016

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Affidavit of Paternity is my guess, or my assumption? Or Acknowledgment of Paternity I just noticed is in the post heading?

Dove - posted on 08/29/2016

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Agree w/ the other ladies. Get a lawyer and straighten it out. He should be on the birth certificate, for sure, but him not being on it does not change the fact that you've acknowledged all these years that he is the father. Since he IS the father I can't see any reason why the current court orders wouldn't stand.

Ev - posted on 08/29/2016

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You created this mess and you need to find a lawyer to help you figure it out. You should have put the man on her BC from the beginning.

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