Saturday, July 12, 2014

How can my ex go for visitation if in the divorce papers he stated there was no child born of the marriage

Q:  We were married and I got pregnant when we were separated. he stated that he did not know the child's birth date but he did enroll the child into DEERS and kept the BAH. We eventually became friends and we all hung out together and my son played with his kids. We got divorced 2 years ago after I waited for 12 years for it and a year later he pulls the demand of visitation. He is the legal father because my son was born on a military instillation and I had no choice but to list him but his biological father who has been there since the child's birth and by advice of my attorney challenged parental rights, we have been together for almost 14 years now. I want to know how to stop this craziness of going to court.

A:  David's Answer:  I'm confused by your posting - you say the "biological father ... challenged parental rights" - so did he win? Did a court thus rule that the true biological father is the legal father, or your ex? If so, then you can file a motion to dismiss the visitation case. If not, then you may need to file a paternity proceeding so as to challenge who is truly the legal father of the child. Schedule a consult with a Family Law attorney in your area.   -- David Bliven, Westchester Family Law attorney (

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