He is trying to take my daughter away from me and hes not the biological father. Yes he did sign birth certificate but that was 15yrs ago when he chose to be her dad but now because he has taken all of my inhertiance due to a gambling problem and drug problem he wants her so he doesn't have to pay child support. We are still married but we live in different house holds. Im wondering if he can take her away and also is there away to get the money he stole from me back. Basically i just want a divorce the money he owes me plus he owes 4 months in back child support and to set up a visitation with the child. Im not wanting her out of his life because thats the only dad she knows.
You raise many different issues in your fact situation. 1. If the child was born out of wedlock and you subsequently married, the child would be legitimized by the marriage. 2. The court could argue estoppel and prevent either of you from arguing now, even if your husband is not the biological father of the child, that it would not be in her best interest to determine paternity to make her illegitimate. Have you both held yourself out to her as being her parents, or does she know that your husband is not her biological father? 3. I would assume based on your post that if this all happened around "15 years ago," that your daughter is a teenager. While a child never gets to decide on their own where they want to live, the fact that she is a teenager plays into where she may wind up. The court is probably not going to force her to live with your husband, if she wants to stay and be with you. I wrote a blog about this very topic at our web site. 4. If you can prove that your husband had a gambling and/or drug problem, and wasted marital assets or squandered your inheritance, depending on the amounts of money involved, you can argue marital waste to the court and the court could order your husband to pay you back some or all of the money you lost.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.