ex wife lied on divorce papers

[mommie2trev]

Soc,
Not sure where to start with all this but here goes. My husband was married to a woman for two months. In that time she became pregnant with his child. She later wanted a divorce. Before they filed the divorce papers, she called and said she had misscarried the baby. She lives in Arkansas and my husband lives in Georgia. So he would have no way of knowing whether she had told the truth or not.

We have now learned that she did not miscarry the baby. She still denies that this child is my husbands child. Everyone else says it is.

My questions are.

1. How do we find out for sure if this child is his?
2. If this child is his what kind of repercussions would the ex face for lying? In the divorce papers it says that they had no children and none were expected.

3. Could we resonably expext some sort of vistation?

We have no desire to get custody from the mom. We just want a part in this childs life and help raise him.Any help you could give would be wonderful. Thanks in advance.

[socrateaser]

>1. How do we find out for sure if this child is his?

File a motion to set aside the divorce judgment on grounds that a child may have been issued from the marriage whose existence the mother kept a secret from her husband and the court.

>2. If this child is his what kind of repercussions would the
>ex face for lying? In the divorce papers it says that they had
>no children and none were expected.

This would be a material falsification, entitling you to attorney fees for the cost of pursuing actions too reinstate the case to the position it would have been in but for the mother's misrepresentation. You could also get additional money sanctions for denial of your opportunity to exercise custody/visitation with the child.

And, you might be able to use this as evidence that the mother affirmatively acts against the child's best interests, and that this is grounds for your obtaining primary custody -- but I wouldn't bet on that one.

Mother will almost certainly allege that you are an evil monster and that she was protecting the child from your potential abuse.

>3. Could we resonably expext some sort of vistation?

See above.

>We have no desire to get custody from the mom. We just want a
>part in this childs life and help raise him.

Well, I STRONGLY suggest that you rethink your desire, because if you go to court with this attitude, you will end up with a big child support bill, and no meaningful custody/visitation.

Fight for your rights, or lose them.

[mommie2trev]

Thankyou for your advice... We would love to get custody. Sorry if I made it sound bad... I know what kind of state we are dealing with here. They are rough on dads, espically out of state dads.

By setting aside the divorce judgement.. what does that mean? Will it mean that he and I are no longer married and that he and ex wife would still be considered married? Sorry a little confused on that.

Mother will almost certainly allege that you are an evil monster and that she was protecting the child from your potential abuse.


She could try that one but we have been to court in that county before with my husbands other son by a different woman and won custody.So maybe that would be in our favor.

Thanks soc!

[socrateaser]

You would be asking to set aside the divorce judgment only on the matters affected by the misrepresentations, which does not include the status as a divorced person.

This is also known as a bifurcation, i.e., adjudging a party divorced, but leaving unresolved and pending some or all of the other issues of the divorce (property division, spousal support, child support, custody, attorney fees).

[mommie2trev]

Ok... I understand now... Thanks Soc!