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#746328 - 03/30/12 01:15 PM What if divorce decree never established custody?
beebopjazz Offline

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Registered: 03/30/12
Posts: 1
My husband got a divorce in 2006. At the time of the divorce, the kids were in foster care. The judge told him and his e that once the kids were back in the care of the parents, he would award custody/support. However, the state awarded the kids back to my husband (his ex couldn't provide a "stable" environment). Nonetheless, custody and support was never established after the kids were released from foster care. The first 3 years after the divorce my husband lived with his ex and the kids so that the kids would have a "stable" home with their parents. 3 years ago, my husband moved out where his ex was living and took 2 of the 3 children. However, the 2 kids didn't want to live with him because he made them follow rules and mind. So for the last 2 1/2 years they have been living with their mother. In January, his ex went to friend of the court and started a support case on my husband. They sent him paper work and he filled out the papers and returned them. Then we received an order stating that he will have to pay $401.50 a month. We just learned (through facebook) that his ex "allegedly" went back to friend of the court for a hearing/court date for more money. Our question(s) is can she receive support or try to get support if there was never legal custody & support ordered in the divorce? Also, since the divorce his ex has been telling the kids & my husband that he isnít even their father. He would like a paternity test done to see if this is true or not. Is this a possibility also in this case?

#746329 - 07/08/12 02:53 AM Re: What if divorce decree never established custody? [Re: beebopjazz]
Billthebull Offline

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Registered: 07/08/12
Posts: 2
I have something kinda similar I need help with. I was married, but separated from my husband, got pregnant and when I had my daughter, they automatically put my husbands name on the birth certificate. They say in the state of Michigan the husband is automatically named the father. Well 6 1/2 yrs later when we got a divorce my husband had his lawyer put in our divorce decree that he is not the biological father. I don't know what to do. Who is legally responsible for my daughter besides me?


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