Reply to Husband had a baby with assistant update

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Op, you cannot give up your rights as a father without an adoption.  If they are asking for an adoption, and get it, he would not have to pay child support.  Make sure there is a paternity test.  They will not reduce your child support and take it from the remaining amount.  She can ask for all he wants but it is up to the judge.  [/quote]

Exactly. How in the world is she able to double dip? It's like she is trying to achieve the best of both worlds by having two fathers. One for the emotional support and one for the financial. Crazy [/quote]

OP here.  Bingo!  This is exactly the case.  However, if my husband is paying child support, he will also have legal rights to the child including some physical custody.  This child really does not know my husband except playing in the park with him 2 times a week for about 6 months.  He is over 2 now.

What I can't believe is that a mother would give her 2 year old over to a man for 10 days or so a month.  What I can't believe is her husband is okay with giving up legal rights.  If they are to divorce, he has zero rights to a child he has raised.[/quote]

You are confusing the issue.  If husband is on the birth certificate, then he gets legal rights, but he is not the biological father.  I would guess things are not good and they want to split up so that is why she wants your ex to be the legal husband so she can get child support from him.   She may not have a choice as to visitation if she insists he is dad (assuming a paternity test confirms this) if he is paying child support, etc.  It is not her husband's child and he may not have parental feelings toward this child,

She will get her child support calculated after yours, if you have an order.  It probably will not be as much as she things it will be.[/quote]

They are 100% not splitting up.  This information has come from her lawyer.  He will continue to parent the child as is.  The legal father's entire family thinks this is his child.  I have messages from him saying how much he loves this child and in his heart it is his child.  As far as I know, he is an active dad.

Yes, he will have visitation.  Not sure how to explain to my kids why this 2 and 1/2 year old is with their dad 10 days a month.  They have no idea at this point.[/quote]

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