You absolutely should respond to this complaint and you can file a complaint for custody of the child. Your situation is complicated legally and in order to find out the next steps you really need to meet with a lawyer who can assess all the facts in your case.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
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Raleigh, North Carolina 27607
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Confusing Story, I will try to simplify.Ex wife dissapeared with a child, over 12 years ago. We were divorced legally. No child support or visitation was ordered as I was led to believe the child was not mine. 3 years ago I was asked to submit for DNA testing which I did. I never heard back re: the results of the paternity testing so, I assumed I was not the father of the child as I had been told by her. My name wasn’t on the child’s birth certificate & she was married to someone else at the time of the conception & birth (we married later).
Now, child support enforcement in NC via WVA, states the tests shows I am the father. Lost results have been found. I have to file a response. Since she is my child I want visitation, possibly even custody, as her mother is mentally ill (per her family she is bi-polar)What should I do now? Am I responsible for 12 years worth of child support/medicaid in another state for a child I didn’t know was mine? Can I file for custody in my response? What is the best way to handle this situation? I am not trying to get out of paying but, it is not fair that I have a 12 yr old girl, that believes another man is her father (also per the family) And it is not fair that I am being hit with this all at once. I have a step-daughter (GF’s daughter) the same age & I know adolescence can be hard. Child Support Enforcement told me I didn’t have to answer the Civil Commencement against me but, I am afraid not to. They have also set me up an appt to bring in all my financial records (self employeed). I don’t know what to do, please advise me. I do not have the money for a lawyer. Also, my girlfriend is half owner of our business & she is worried that the court will base child support on our businesses profits, not just my share. My GF is very supportive of me getting visitation &/or custody arranged. She thinks the girls would be great together, in a stable and loving home. Please advise. Should I respond to the civil commencement? Should I file for custody? How do I make sure my GF’s half of the business is protected? I saw an article about a man who had to pay child support, despite the child not even being his. I want to be fair to the child but I can’t afford thousands of dollars in arrearges!