Legal Question in Family Law in Nebraska
custody of my son
My husband and I were divorced 10/29/03. We have joint physical care and custody of our 3 children. My ex-husband has recently learned that our youngest son my not be his. I want to do a pateriny test to prove who the father is. If it turns out that my ex is not the father will that child come to me. The other potentional father wants nothing to do with him and does not even want to know if he is the father.
Will ex have any rights to my son, can he fight me for custody of a child that is not even his own, and can he try adn adopt my son without my knowledge.
1 Answer from Attorneys
Re: custody of my son
Sent 3/23/2005:
If the two of you agree, you can certainly take the genetic test. If it turns out he is not the Father, he may still be able to retain access, but you could also fight to take it away. Court looks at overall best interests of the child. He cannot adopt your son without you knowing it.
I can explain the issues and procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.
/s/ Rich J. Peters, Attorney
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R. J. PETERS & ASSOC., P.C.
1422 N. 2nd Street, Suite 100
Phoenix, Arizona 85004
602.254.7251
602.254-1229 (facsimile)
see our web page at www.familylawaz.com
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