I was never married and I was dating this guy for 3 years. We broke up for a few months and I gotten pregnant by another man. When me and the other guy got back together. I gave birth to my daughter. the guy lied about being married to me. And we did not sign a paternity paper. So now we have a cps case and he has my daughter. I filed for paternity in court and I'm waiting for a date.
You have a complex case.
For example, the court may never see that he is not the father if he successfully defends the paternity action based upon equitable estoppel. A case discussing the application of equitable estoppel in a paternity cas can be found at:
Without knowing more about the article 10 proceeding, it is impossible to say where the child would go if court determines he is not the father. The child could stay with him, the child could be placed with a suitable relative, the child could be placed in foster care or possibly returned to you.
You really need to go over these issues with your attorney. You should a lawyer in both proceedings. If you can not afford a lawyer you request a court appointed lawyer.
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Family court is a hall of smoke and mirrors.
I have a case right now involving a meddlesome grandmother who lost her bid for access to her grandchild to the biological mother. The grandmother hired a different lawyer and somehow the case was shifted to another family court judge (Queens Family Court's John Hunt of Bliven v Hunt et al, 07-1146-cv, U.S. 2nd Circuit) who gave the grandmother everything she wanted on a temporary basis. All the grandmother had to do was sling mud on the mother and poison the child against the mother. Now the matter is before a referee on a Bennett v. Jeffreys hearing to determine standing, but the grandmother already has 'visitation' that is greater than the mother's access thanks to Hunt. So the cart came before the horse and the child's mother is involved in an expensive dog and pony show.
These three elements: the unpredictable judiciary, the connected lawyers, the shady assignment of judges, the selective perception of the law and the haphazard application of it characterizes the business known as 'family court'. In that case, the child is being alienated by the grandmother's disgusting and never ending allegations. At trial, the grandmother brought up 'fondling' of the child for the first time. The allegations keep on coming and the court will not and cannot connect the dots.
This is the environment you face. The court may have already chosen its intended winner. The man may have hired the super lawyer (an insider who can make things happen). The court may have a bias against women (even though the judge could be a woman). The law is selected from index cards and misapplied. Local policy may have been triggered and your facts are being shaped to fit the policy.
Don't get me wrong. My analysis of family court is simply that: an analysis. I do not aim to discredit the family court. That is because there may be a small handful of instances where it does a necessary and important job. It is a last chance saloon for kids in extreme trouble. It can also sometimes get the facts right and grant custody to the correct parent. I like its child support operation in cases where the man fathers a bunch of kids and then abandons the woman. These instances are weighty. However, the other 95% of its operation is nothing more than a business. Its employees earn money to pay their mortgages and have no qualms about crafting cases as they see fit. There is virtually no supervision as no supervisor can interfere wit 'ongoing cases' and the only available recourse is for the parent to appeal which is like complaining to a fox that another fox raided the henhouse.
I do hope you have a lawyer who can navigate around all this. They are hard to find because the apparatus bought out most. There is a system of 'panel' assignments that regulate and control both the lawyer population and the output as the judges sign pay vouchers. Us private practitioners are few and far between because of the state's child monopoly.
Lastly, it may be that the man told the apparatus he was the biological father while the state milks your case for all the money coming from the Fed for child protection. Anecdotal evidence seems to indicate that CPS had to tone down its removal of children but you face an uphill battle to convince the apparatus that the man has free reign over a female child. If that sounds alarming, it is.
Depends on who long he was considered a father and was acting as a parent for the child.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
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