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Need help finding information on non-biological custody rights

Started by RunningOutOfOptions, May 03, 2005, 12:42:14 PM

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RunningOutOfOptions

With the courts continuously against our side, not matter the proof given to support abuse against my step children by their BM, my husband has thought long and hard about their relationship and feels there is a possibility that not all the children are his.  He is afraid to have paternity testing done because he fears it will prove some, if not all, of the children were fathered by another man.  The problem is, since the state and court continues to find their BM a proper and fit mother regardless of the calls made by hospitals, schools, and others required by law to report abuse, and pictures that we have taken and showed the courts with all sorts of problems, he feels that proving she is unstable by proving some if not all of those children are not his is the only way to win at least on the part of child support.  

I am looking for information on the laws of Missouri to figure out if, since he has been presented as their father for their entire lives and has supported them their entire lives, even if it is proven he is not their biological father, he still has parental rights to him if he chooses.

Thanks for the help.

wendl

how old are the kids????

**These are my opinions, they are not legal advice**

Kent

If the children are not really his, it will not matter at all in regards to child support. The children were born within the marriage (I assume), and he accepted responsibility for them, and he will be held to that responsibility.

If all the hard evidence you have does not matter to the judge, then the fact that he is not their biological father will not make his position any stronger. It may make it weaker though.

I estimate from your post that the children are at least 5 years old, and you have tried to obtain custody several times. Now that it doesn't work, you suddenly want to find out if they're really his?

Something doesn't sound quite right...

How will it benefit the children to know that their father really isn't their father (and this being brought on to avoid/reduce child support)???

If you know who reported abuse against the mother, and there are at least 3 or 4, then request a custody evaluation. Or have the children seen by a psychologist while in your care.
If the judge doesn't listen to abuse reports, you need a professional to support the abuse claims.

Kent!