14divorce
recently joined
Reged: 05/18/11
Posts: 8
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Hi,
I have a question. I am married right now but considering a divorce. I have a little daughter from my PREVIOUS marriage. Question: Will the custody question ever arise during the divorce, if she is my child, not his, we were only married for less than a year, and she speaks no English (we are new immigrants, my current husband is American)? Thank you.
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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What state ?
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Careful. We don't want to learn from this.
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BeckaLeigh32
member
Reged: 03/15/11
Posts: 119
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Does it matter what state on this one??? And I am not being sarcastic, either. I would assume this is her child from a previous marriage, this marriage lasted less than or right at a year, if I recall, it is HER child. Right?
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14divorce
recently joined
Reged: 05/18/11
Posts: 8
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Michigan. Yes, it is my child, not his. I am asking because I want to be sure there will be NO WAY he has a chance to get MY child, before I start the proceedings. Thank you.
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Jeanne1978
journeyman
Reged: 12/20/10
Posts: 56
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I know you said the child is yours, but has your current husband legally adopted her? Where is her biological dad?
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BeckaLeigh32
member
Reged: 03/15/11
Posts: 119
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As long as he has not adopted her, I don't see him having any rigts to the child. Stranger things have happened, but he has no legal claim to her, as long as he has not adopted her.
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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Does it matter what state on this one???
>>>>>>>>> Yes .
In some states he could seek visitation or even ( unlikely ) custody .
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Careful. We don't want to learn from this.
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14divorce
recently joined
Reged: 05/18/11
Posts: 8
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oh, no, my husband did not adopt her; her father lives in our home country, I have sole custody.
Thank you!
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14divorce
recently joined
Reged: 05/18/11
Posts: 8
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Another question concerning the same situation. I know that the court here considers the what they call 'interest of the child' when kids are involved in a divorce. Before getting married, we signed a pre-nup, stating that in case of divorce I don't want any alimony or spousal support. I am currently looking for a job, and have ridiculous sum in my personal account. I am planning to file for divorce as soon as I can afford to rent any place to move out to with my kid. It is very probable, that at that point in time I will be much worse off than my husband. Now, the question: can it be considered 'in the interest of the child' to live with her ex-step-father just because her mother has lower income and does not own a place to live? I do appreciate any input, maybe the questions are naive, but I just want to be sure....
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
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I would like to pose a question to you. What is the relationship like between the guy you are divorcing and your child? While there may not be a LEGAL means for him to see the child, you should realy consider allowing a relationship, assuming it is good, to continue.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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