Question
Well me and my wife seperated well she was cheating on me and admitted to it so i filed for divorce well she got pregnate by one of her other men and now we cant get it finalized untill the baby is born and dna tested but anyhow becasue of this it is causing some custody issues.We had set up an agreement before the judge and finishes agrreeing on everything in the decree but the judge wont actually sign till the baby gets here and now on 2 different occasions she has not let me have my kids when it was my assigned time i went back to my lawyers today and he filed a contempt againtst her but its 3.5 weeks away i was just wandering if there was anything i can do in the meantime to get my kids shes already had them 5 of my days i get them and now if i have to wait another 3.5 weeks without them i dont think i can do it.They are my everything and she also told me on the phone thurs that the oldest one wasnt mine and she was gonna have a test done and if she wasnt that i would never see her again and she is 7 years old and ive been the only daddy she has ever had and im also on the birth cert so how would this work out? Thanks Troy
Answer
Hi Troy~
Do you have a visitation agreement already set up? If you do, and she's refusing to let you have access to them, on your scheduled visitation. You can contact the police and they might be able to assist you in enforcing the visitation agreement. Sometimes the police will help you do this, other times they won't--it depends on each dept's policy.
If that fails, then you should see if your lawyer will get the judge to grant you an emergency hearing on this. As opposed to you having to wait almost a month. Otherwise, you might have to just bide your time and wait until you can get her in contempt of the court order.
As for her saying your oldest child isn't yours. She could be just saying this to get back at you, to hurt you. There is a law in some states (that observe this law) called a "defacto father", this means that you're the only father she knows and she's, of course, very attached to you. If you're declared a defacto parent, then that means you get the rights to her just like a biological father does. You would get her for visitations, pay child support, etc. You would legally still be her father. A court has to determine that though. Ask your lawyer if your state has a law regarding the "defacto father/parent." So you may still have a legal right to her, even if you're not her bio-father.
If you have any further questions please feel free to ask.
http://en.allexperts.com/q/Divorce-Issues-1626/Visitation-Rights.htm[/URL]
I found this.....maybe he can get rights during the divorce hearing!!! I hope he gets the attorney first. Oh man, I am praying hard for him and that little boy.