PRESUMED FATHER OR BIOLOGICAL FATHER?????

Asked 10 months ago - Bakersfield, CA

I JUST FOUND OUT IM A THE FATHER OF A 4 YEAR OLD BOY. ME AND HIS MOTHER WERE TOGETHER 5 YEARS AGO SHE GOT PREGNANT AND PHYSICALLY ABUSED ME OUT OF HER LIFE AND SAID IT WASNT MINE IT WAS HER HUSBANDS. HER HUSBAND TOOK THE CHILD IN AS HIS SIGN THE BIRTH CERTIFICATE THEY END UP SPLITTING AND HE ASKED FOR A DNA TEST WHEN THE CHILD WAS 2-3 HE OBVIOUSLY WAS NOT THE FATHER THEY CAME AFTER ME NEXT AND I AM THE BIOLOGICAL FATHER. HOWEVER I STARTED A WHOLE NEW LIFE WITH MY GIRLFRIEND AND NOW HAVE A 2 YEAR OLD DAUGHTER THE STATE RELEASED HER HUSBAND WHO ARE STILL LEGALLY MARRIED from BEING THE FATHER. I HAVE TO GO TO COURT MONDAY WHAT CAN I DO TO GET OUT OF THIS WHOLE MESS? ALSO IF I DO HAVE TO PAY CHILD SUPPORT CAN I ASK TO CLAIM THE CHILD ON MY TAXES EVERY OTHER YEAR?? DO U THINK THEY WILL ALLOW ME

Attorney answers (3)

  1. Michael S Parent

    Contributor Level 11

    1

    Lawyer agrees

    Answered . There is no getting out of it. You do however have rights that need to be protected. You should ask for a fair amount of support and fair visitation. The tax deduction issue is sometimes more complicated than it may seem. Taking the deduction can free up income that can actually be factored to raise your support payments. You need to speak with someone to help you figure out the best way to proceed. Good luck.

  2. Stephen Ross Cohen

    Contributor Level 20

    Answered . You were there at the time of his inception if the DNA test results name you as the father. Seek visitation and the tax deduction, the court will make the judgment.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more
  3. Alexander Mchenry Memmen

    Pro

    Contributor Level 15

    Answered . You need to contact a family attorney asap. Certainly before you go to court on Monday. Look under the "find a lawyer" tab.

    IF YOU FOUND THIS ANSWER HELPFUL PLEASE CAN THANK ATTORNEY MEMMEN BY MARKING IT “BEST ANSWER” or “HELPFUL.” Mr... more

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