Reply to Husband had a baby with assistant update

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Apart from all the emotions here, I'm curious how this will be settled as a legal matter. The married couple are raising the child as their own (and that seems fine with exH/bio dad?) yet they're seeking to legally sever ties from he only father relationship this child knows. All this for child support. Is that right? [/quote]

It sounds like it is all about money.  He'd being an idiot for paying child support now without a court order and more importantly, a paternity test.  They are spending thousands on attorney's when a paternity test is a few hundred dollars.  It sounds like "dad" is allowed to be the favorite uncle in exchange for cash.  But, OP is saying mixed things such as mom wants dad to have the kid for 10 days a month to he only gets visits 2 weekly at a public park.[/quote]

OP here- What?  He is not paying child support.  He has not seen the child in months.  If he is required to pay child support, the kid's last name is changed to his and he is determined the legal father, he will have 30/70 custody (around 10 days a month) and 50/50 legal custody.  The family court system now gives generous rights to fathers.

There is no DNA at this point. None.  I have not wanted him to do DNA until my settlement was complete.  She has wanted DNA all along.  He did not do it because I asked him to let me get my child support in place first.

Do you really think she would go this far if she wasn't 100% sure it was his?  Always a small chance but I doubt it.  
My child support is in place.  The child support she receives goes off the reduced income from what we get.

DNA away at this point.
[/quote]

Judges can be more generous but not all.  He is refusing a paternity test which would solve all this.  He is not seeing the child.  He is not paying child support.  There is very skim chance he will get 10 days a month, especially without stable housing and 50/50 custody when he is not involved in the child's life.  He may get a few hours a week supervised, then slowly unsupervised but it will take months to years for what you are talking about at this point.   Just because he gets on the birth certificate does not guarantee a name change.

Stop complaining and settle it in a mature way with a paternity test.[/quote]

She wants the kids name changed to our last name. He is not refusing a paternity test.  Just following his attorneys direction to wait until court date when it is ordered by the judge.  [/quote]

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