This is a child custody matter. If I have Legal documents stating that my ex husband, "who now has custody of my daughter," is not her biological fath
Asked on Dec 24th, 2011 on Business Law - Connecticut
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My ex husband got awarded awarded custody because hes in the Air Force and at the time I wasn''t working. After finding the other guy i then got him and my daughter tested, it came back the other guy is the father. My next visitation time I was going to keep her because why send her back to my ex husband and hes not her biological father. I live in the state of Maryland and my caes are in Delaware.
There is, unfortunately, a large body of law on this subject. First, you do not have the right to make a unilateral custody determination regarding your child; you will be in contempt of court if you do not return her as required by the existing court order and you may be committing a crime. Second, subsequent paternity tests are frequently held to be insufficient to trump an existing and longstanding parentage order; there is a strong judicial preference for parentage, once settled, to remain settled. The effect of even a judicial determination that the "real" father is "real" will establish a total stranger in that relationship; that can hardly be in the child's best interest. Again, if you act unilaterally, you do so at your peril. See an attorney.
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