Legal responsibility of a child who isnt mine???

Discussion in 'Off Topic [BG]' started by pierce, Jan 20, 2005.

  1. pierce

    pierce freethinker

    May 25, 2000
    San Francisco, Ca
    Any Louisiana Family Lawyers out there in bass land.

    ok here is my situation. in chronological order.

    1. i met a woman who had 2 kids. i got a vasectomy, and we moved to texas.
    2. i married this woman in arkansas.
    3. we resided in texas' with her two kids from previous relationships.
    4. she left me and moved back to louisiana.
    5. she got pregnant(from someone else), and had child #3(whom i havent even met).
    6. i finally got the divorce final in texas.
    7. i moved to california, and have remarried.
    8. cps removed all of the children from her home.
    9. cps has just informed me that the court has now declared me the legal father of child #3, and a lawyer has been assigned to me.

    am i now responsible for child support? :( :( :( :( what about the biological father? can i give up my parental rights to this child? :confused:

    i know this is WAAAY off topic, but this is very bizarre for me, so any advice would be appreciated.

    this sucks
  2. Marlat


    Sep 17, 2002
    London UK
    As a lawyer....I would seek the advice of a lawyer! That is a really specific legal situation that is going to require in depth knowledge of the family law provisions of the relevant states.

    Anything anyone tells you on here should be taken with a mountain of salt.

  3. Bull dookie, a mountain of salt would be very unhealthy.
  4. Marlat


    Sep 17, 2002
    London UK
    I've seen what you Americans eat....thats a days intake...if that! :D
  5. DigMe


    Aug 10, 2002
    Waco, TX
    Whatever're just waiting for the next american junk food combo suggestion from Mike Money or whoever offers one up. Here's one that's great...have you tried Twinkie Weiner Sandwiches? You know you love it.

    brad cook
  6. Mike Money

    Mike Money Banned

    Mar 18, 2003
    Bakersfield California
    Avatar Speakers Endorsing Hooligan
    Peanut Butter + Cheez Its = the shizzle
  7. Oh wait......Graham Crapper Sandwitches.

    step one:
    Get Graham crackers and chocolate icing (I much prefer non-milk chocolate, as it has a more enjoyable consistency.)

    step two:
    form a sandwitch. When I used to do this practically every day, I would make the layer of icing about 2" thick. Sometimes I would eat more than one. Be sure to have hella' milk on hand.

    And to think someone was implying that us TBers wouldn't be a good source of legal advice.........

    But getting back to that....

    that should be a good start for free.
  8. Finger Blister

    Finger Blister

    Jul 8, 2003
    This is MI law, but generally it's the same just about everywhere else.

    If the mother is married when the child is conceived or born, her husband is presumed to be the legal father unless a court finds otherwise. This is true even if a child is born within 10 months of a divorce.

    If the husband is not the biological father of the child, a court Order must be obtained which specifically identifies the child and finds that he is not the legal father.
  9. lbanks


    Jul 17, 2003
    Ennui, IN USA
    Yeah, they've got something similar here; get a lawyer or take custody of the kid and teach him/her to play drums and keyboard.
  10. WillPlay4Food

    WillPlay4Food Now With More Metal! Staff Member Supporting Member

    Apr 9, 2002
    Orbiting HQ
    I love to put crunchy potato chips (Kettle chips are good) on my PB&J sandwiches. :)

    I don't know if anyone else remembers them, but when I was younger, Hostess made Chocodiles. These were basically twinkies in a chocolate shell. Yum yum. :)
  11. Petebass


    Dec 22, 2002
    QLD Australia
    Now I know nothing about American law other than what I see on CSI and Springer, but I can't for the life of me work out how any court could possibly make you responsible for child #3.

    Get a lawyer, a tough one.

    And try putting twisties in a bread roll. This was my staple diet through high school. I often wonder how I could so thin when I graduated?
  12. James Hart

    James Hart

    Feb 1, 2002
    Endorsing Artist: see profile
    you sir, know how to eat!

    1.) Chocodiles ruled!
    2.) I prefer a good Fritos or Dipsy doodle corn chip on my PB&J
  13. Marlat


    Sep 17, 2002
    London UK
    I feel partly responsible for this derailment, but with all these good recipes coming out...can you really stay angry at me?
  14. only if your avatar weren't so purdy.
  15. Mike Money

    Mike Money Banned

    Mar 18, 2003
    Bakersfield California
    Avatar Speakers Endorsing Hooligan
    I really don't see how they can give custody of 3 kids to you... when you aren't even related to these kids at all... on one hand, I believe your getting screwed, but I also don't want them to become CPS brats, ya know?
  16. Gard

    Gard Commercial User

    Mar 31, 2000
    Greensboro, NC, USA
    General Manager, Roscoe Guitars
    pierce, I strongly recommend you not only engage a lawyer, but one that is also admitted to the bar in Louisiana.

    Law in 49 of the 50 states is based on English Common Law, but in one state it is based on Napoleonic Code.

    Guess which state?


    Yup, Lousy-ana. Lawyers in other states won't be able to navigate the system in the land of crawdaddies & etouffe'.

    Sorry to hear about your troubles, bro.

    Great junk food recepies guys.


    Also, how's that gigbag workin' for ya pierce?

  17. pierce

    pierce freethinker

    May 25, 2000
    San Francisco, Ca
    well, i appreciate the advice, the recipes (although mostly nonvegan), the information....oh and the rockbag works great.

    but, what you were reading from me at the beginning of this thread was from a guy who had basically just been told, by voicemail, that his life was about to take a dramatic turn for the worse. AND, due to timezone differences, no one was answering the phone...including the lawyer.

    ruined my whole night, and possibly my life. I AM going to get certified legal advice, and i will not go down without a fight.

    i was more hoping that either someone on here was a la family lawyer, or had been thru similiar circumstances and could let me know what i possibly had in store.
  18. it doesn't make sense that the law would say you should be responsible for a child that isn't your responsibility (in the causation sense).

    I live in louisiana, and while I can tell you that the people in positions of power are generally stubborn, they should see that this needs to be reconsidered for the sake of the child as well as yourself. The letter of the law should only be taken so seriously.
  19. I would think that if the wife leaves and has someone else's child, the biological father shoulld be the legal father, but if that isn't possible, an orphanage and hopefully adopted parents.

    I don't think I should need to go into detail about why it's a bad idea to force a child into someone's custody in such a case for the child's sake. .
  20. bigbeefdog

    bigbeefdog Who let the dogs in?

    Jul 7, 2003
    Mandeville, LA
    Because she can win. In fact, she may already have done so. Besides, "she" may not even be involved in this action. From Pierce's description, it sounds like her children have been taken from her by CPS (Child Protective Services), and they're driving the car now.

    You guys are trying to apply logic in an arena where logic doesn't apply. I can remember news stories, and talk radio diatribes here in La. where guys have proven they're not the father - DNA testing and the like - yet they still find it impossible to get the courts to reverse their decision. I can even recall one where the biological father was later identified and confirmed by DNA testing - yet the family courts, having already declared another man to be the father, wouldn't reconsider. Child support until age 18. And there were no marriages in play at all.

    It's stunning. :scowl:

    It doesn't sound to me like *paying* child support is the focus, Pierce... if CPS removed the children from her home, as you said, it sounds like the child has been taken from her custody, is presently a ward of the state, and may need a NEW home.

    Got an extra bedroom? :bag:

    It's jolting, I know... but I've also known guys who look back at things like this years later, and consider them a blessing. Wouldn't change a thing. My guitar player is one of 'em. There's more to being a Dad than simply placing the order.

    Whatever course you take, good luck to you....

    Oh, and this site may help you... especially the "Family Law" section of the Forums....