- April 19, 2024
- Posted by: legaleseblogger
- Category: Related News
Try Free Now: Legalese tool without registration
### Seeking Advice for a Complicated Family Situation
I am reaching out on behalf of my cousin as we are in need of guidance regarding a complex family issue.
My cousin has been in a relationship with his girlfriend for almost two years. When they first started dating, she was still legally married. Eventually, she claimed to have finalized her divorce as their relationship progressed. Shortly after, she became pregnant, and now they have a child together. However, concerns have surfaced as there is no evidence of any legal proceedings related to her divorce or custody agreements in public court records. This has led us to suspect that she may have lied about being officially divorced and is still legally married.
Despite this revelation, my cousin did sign the birth certificate of their child. Although no paternity test was conducted at the time of birth, we are arranging for one to be done soon to confirm his biological relationship to the child. While we are confident that the child is indeed his, we are worried about the potential legal implications if his girlfriend’s estranged husband has rights to the child due to their marriage status at the time of birth.
In this complicated situation, we are seeking guidance on what steps my cousin should take next to protect his relationship with his child and navigate the legal uncertainties that have arisen. Any advice or recommendations would be greatly appreciated as we navigate this challenging situation.
### How AI Legalese Decoder Can Help
The AI Legalese Decoder can assist in deciphering the complex legal jargon and intricacies involved in family law matters. By inputting relevant information and queries regarding paternity, custody rights, and divorce proceedings, the AI Legalese Decoder can provide clear and concise explanations of the legal implications and potential courses of action available to address the situation at hand. Its ability to simplify legal language and offer tailored advice based on specific circumstances can empower individuals like my cousin to make informed decisions and protect their rights in challenging family disputes.
Try Free Now: Legalese tool without registration
AI Legalese Decoder: Simplifying Legal Jargon
Introduction
Legal language can be complex and confusing to those who are not familiar with it. Understanding legal documents, such as contracts or statutes, requires knowledge of specific terms and phrases that may not be readily understood by the average person. This can lead to misunderstandings and disagreements, potentially resulting in costly legal battles.
How AI Legalese Decoder can help
AI Legalese Decoder is a cutting-edge technology that uses artificial intelligence to analyze and interpret legal language. By inputting legal documents into the system, users can receive instant translations of complicated legal terms into plain language. This not only helps individuals better understand the content of legal documents but also allows them to make more informed decisions when it comes to legal matters.
Furthermore, AI Legalese Decoder can help bridge the communication gap between legal professionals and their clients. By presenting legal information in a more accessible format, lawyers can ensure that their clients fully comprehend the implications of their legal documents. This can ultimately lead to better client satisfaction and more effective legal representation.
In conclusion, AI Legalese Decoder is a valuable tool for anyone who needs to navigate the complex world of legal language. By simplifying legal jargon and promoting clear communication, this technology can help individuals make better decisions and avoid costly misunderstandings.
****** just grabbed a
Well, before you even go any further get a paternity test. You have to start with that.
Are you sure they divorced in NM? He is a resident and has been and she is a resident and has been? No other state they could have divorced in?
Are you sure you looked it up right? Like for example you used the correct names?
Assuming she actually isn’t divorced then her husband is the legal father for the child. Your cousin will need to legally establish paternity with the courts.
Go through the process of legitimizing your kid.
Establish a legally binding custody agreement.
Make it legal. Hire an attorney.
This is not a Reddit thing.
This issue, like all family law questions, is entirely dependent on the laws of your state. In Oregon, where I am licensed to practice law, the rule is that, if a child is born to a married woman, the child is presumed to be the husband’s child. This presumption can be challenged, and ultimately subject to verification by DNA testing, only by one of the spouses, or if both spouses consent to the challenge. (See [ORS 109.070](https://oregon.public.law/statutes/ors_109.070).) Your cousin needs to consult in private with an attorney who practices in the state where the child is born.
Are you sure that the gf and her ex filed for divorce in NM?
Depends on if they are still married or not. In Kentucky my ex got custody of my children and even with the circuit court and the Court of Appeals saying he was not the biological father the child support office refused to establish paternity because he was the legal father (we were married at the time of birth). His name is still on the birth certificates despite the courts finding he is not biologically related.
In my state a woman’s legal husband at the time a child is born is presumed and considered to be the child’s legal father, unless otherwise determined by a judge in family court.
not a funny funny story… i work at a firm in midwest and even tho the bio father is proven bio father, husband ended up getting all legal rights over the kids bc mom cheated then decided to stay with husband. honestly depends on the court. bc district court granted rights to bio dad. mom and husband appealed, and supreme court gave all rights to husband.
If the child is biologically not the husband’s, the father would have rights like anyone else.
But, if she were to go back to the husband, you will have to deal with him when it comes to custody and visitation.
My advice, if it’s your cousin’s child, he should file for sole custody and not give up until he wins. Or she and whomever she is with will make his life hell.
Why are people so worried?
If Ex claims paternity they will need to start paying child support. Is that something you believe Ex is motivated to do?
No
Did she lie on the birth paperwork? Here in WA it asks if you’re married (the mom) and if so, you have to put the husband or have him deny parentage through another set of paperwork.
Does she have copies of any divorce papers?
Did she use a lawyer/law firm? Call them for papers
Well,
My wife was still married when my daughter was born. They had been speared for years but hadn’t done the paperwork. I signed and affidavit after her birth to show I was the father. Just how it worked in my state.
Since your cousin signed the birth certificate, it seems like he would be the legal father. You wouldn’t even need a paternity test, unless the ex-husband challenged it.
That’s not professional advice, but based on things I’ve read over the years about these types of situations.
If your cousin is on the birth certificate then part 1 of his claim is valid and then 2nd is the paternity test after that, there is no claim regardless if they were married or not.
I’m not a lawyer but I think the only chance in terms of parental right the ,possibly, ex husband could have would have to be gotten through a paternity test because your cousin is the one on the birth certificate. But in all honesty you should take the advice of a lawyer of the jurisdiction you have questions about