I Dont Want To Lose My Daughter Like This


#1
quote:
Originally posted by Chataedyl
I have been married for 9 years and my oldest daughter is 13 and from a different man. Back then, I was dating 2 guys and got pregnant by one who went to jail shortly after. So me and the other guy hooked up and wanted to assume all the responsibilities that a father should. But he knew from day one that he was not her father. The biological father knew it was his child. Me and the guy who wanted to help take care of her broke up when she was 2 years old and we signed an acknowledgement pf paternity back in 1993. It was filed within the courts. Today, my husband and I are very happy together, but her biological father wants to be a more active role in her life and since she was 8 years old, I let her go over there. So she knows who all threee guys are. Recently, my ex boyfriend took her from me and filed a protective order against me along with a restraining order. I got a lawyer and went to court, but the court asked her what she wanted and let her make all the choices that were to be made. I just got a job and it has broke me....the lawyer retaining fees were 4500.00; then we had to get an amicus, and an ad litem, which cost another 3000.00 that I did not have. What can I do to get control. She has always been with me the entire 13 years, but the courts did not care. If I signed an acknowledgement of paternity back in 1993, can it be amended if the biological father comes forward? I am already out of 12000.00 that I had to scrape and borrow.

#2

Well I have come to find out from my boyfriend going through all this that it is basically set for the woman as long as she doesn’t do anything wrong just keep your head up and maybe things will work out he is going through a child psychologist that has just started and I think that this is going to be a pretty good ending if things go the way they should with the evidence that he has on all the things that she has done with the child. But the court is going to do things they way that they see that they want to do them.

quote:
Originally posted by Chataedyl
I have been married for 9 years and my oldest daughter is 13 and from a different man. Back then, I was dating 2 guys and got pregnant by one who went to jail shortly after. So me and the other guy hooked up and wanted to assume all the responsibilities that a father should. But he knew from day one that he was not her father. The biological father knew it was his child. Me and the guy who wanted to help take care of her broke up when she was 2 years old and we signed an acknowledgement pf paternity back in 1993. It was filed within the courts. Today, my husband and I are very happy together, but her biological father wants to be a more active role in her life and since she was 8 years old, I let her go over there. So she knows who all threee guys are. Recently, my ex boyfriend took her from me and filed a protective order against me along with a restraining order. I got a lawyer and went to court, but the court asked her what she wanted and let her make all the choices that were to be made. I just got a job and it has broke me....the lawyer retaining fees were 4500.00; then we had to get an amicus, and an ad litem, which cost another 3000.00 that I did not have. What can I do to get control. She has always been with me the entire 13 years, but the courts did not care. If I signed an acknowledgement of paternity back in 1993, can it be amended if the biological father comes forward? I am already out of 12000.00 that I had to scrape and borrow.

#3

Dear Chataedyl:

Greetings. Why would you sign an acknowledgment of paternity if he was not the biological father? Basically, the biological parent would have to come forward and intervene in the litigation now, but that may bring up your fraud to the court.

I remember this statement from my childhood - “what a tangled web we weave when we conspire to deceive” - even though you may have been well motivated in trying to find support for your child, you still committed fraud.

As far as your child - if she is 13 the court may give great weight to what her desires for living arrangements are. There are many other factors though. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

I have been married for 9 years and my oldest daughter is 13 and from a different man. Back then, I was dating 2 guys and got pregnant by one who went to jail shortly after. So me and the other guy hooked up and wanted to assume all the responsibilities that a father should. But he knew from day one that he was not her father. The biological father knew it was his child. Me and the guy who wanted to help take care of her broke up when she was 2 years old and we signed an acknowledgement pf paternity back in 1993. It was filed within the courts. Today, my husband and I are very happy together, but her biological father wants to be a more active role in her life and since she was 8 years old, I let her go over there. So she knows who all threee guys are. Recently, my ex boyfriend took her from me and filed a protective order against me along with a restraining order. I got a lawyer and went to court, but the court asked her what she wanted and let her make all the choices that were to be made. I just got a job and it has broke me…the lawyer retaining fees were 4500.00; then we had to get an amicus, and an ad litem, which cost another 3000.00 that I did not have. What can I do to get control. She has always been with me the entire 13 years, but the courts did not care. If I signed an acknowledgement of paternity back in 1993, can it be amended if the biological father comes forward? I am already out of 12000.00 that I had to scrape and borrow.