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2011年8月4日星期四

How do I sue my husband mistress that he had a child with and how does he relinquish his parental rights?

-I'm trying to reconcile with my husband. We live in the state of Kansas while the mistress and child live in Florida. My husband and I both decided that if the child is his then he will want to relinquish his parental rights being that she knew he was married and she lied and told him that she was having an abortion. Then out of the blue he receives a e mail (from his mom) saying that she had the child. The kid is 18 months old and my husband of course never signed the birth certificate. The female in Florida harasses me on Facebook, through emails, at one point over the phone. I'm just sick of her and anything that comes from her. My husband and I already have 5 kids together and to try and move forward from this situation this is the best decision for my family. We already know he will get stuck paying child support and that will be alright if this keeps her from contacting him for any reason. He has only seen pictures of this kid never in person.You don't have a case in hell--if it is his. Find out. Why are you with a cheater anyways??? Not only did he do you the very worst WRONG that you can do to a person--now you have this "problem" for the rest of your life. But if you HATE her--you must HATE him. It takes 2 to tangle. Blunt truth--most people don't like it -- but it still needs to be said.
Get a DNA test before anything cuz she could have lied! Secondly, this is all your husbands fault, you must be a strong woman to stick it out. You can hand over his rights but he still has to pay child support I thiink. You can press charges if that lady keeps bothering you.
Only a paternity test will prove he's the father, otherwise he's in the free and clear. Ignore her- when she files motion for a test, then deal with it. In the meantime, block her email and her facebook, it's not that difficult.
The DNA test will reveal the truth, how your husband handles the rest, will be up to him. If anyone is threatening or harassing you, you can make police reports, file charges, block her online.
You can't sue her only because she was the mistress? That's kind of dumb...don't you think? Now...it seems that your main concern is facebook and acting like this child never happened...? I am sure you can block her from facebook but you can't block that there is a child. He doesn't have to "drop the rights" to this child because Florida has some different parental laws. Someone told me that if you aren't on the birth certificate, you have NO rights until its proven in court. She would need to go through the whole court system if none of his info is on the birth certificate and they will definitely require a DNA test and that's if she wants his help. Maybe she doesn't want him in the childs life? And don't call child support as "stuck" its sorta unfair since "the kid" never asked your husband to cheat on you with its mother. Your husband is the one that chose to have SEXUAL RELATIONS with this "female", its just part of the responsibility of unprotected sex. By the way that you are looking at this situtation tho, I hope he does give up full rights. Seems like you can't understand that his "mistake" was a big one, nothing you can sweep under the carpet, as much as you are trying. This is not the old days when kids never figure out what our parents kept from us...its shocking to me that he would cheat on you...five kids and all. Maybe that should tell YOU something no...?



I just think that you need to be less ignorant about this situation...don't worry I am not judging you at all....just want you to know how others can see it...my father cheated on my mother after 23 years of marriage, and got the "mistress" pregnant. And no matter how much my mom tries to cover it up, WE ALL KNOW...and the reminders are there every day. The woman still bothers him regardless...this is someone that no matter what will be in your life from this point on down...you know what I mean...
You need to see a lawyer as terminating parental rights is a difficult process. If he is successful, then he (actually, you guys) will not have to pay child support (as the child is no longer considered his). You may need a lawyer to even determine if it is his kid, if she won't consent to a paternity test. That would be step one though, I guess, establishing paternity. Then you know if you even have a problem or not (cuz a lady who sleeps with married men and lies about having abortions may not be um, monogamous?).



If you're trying to avoid seeing a lawyer, then just ignore her. She lives half a country away. Block her on Facebook and emails and don't answer her calls.
You're blaming HER?? The fact is that it was your husband that got this woman pregnant. HE is the one who had the committment to you, and he broke it! He needs to man up and take care of this child. He sounds like a real piece of work, and it's pretty sad that you are letting him off the hook here and blaming the wrong person. She ought to go after him for child support! He probably made lots of promises to her so he could stay in her pants as long as possible. And do you think she is the only one, now or in the future? I doubt it! How can you ever trust him again?
He cannot relinquish his parental rights. The child has a right to have a father. Public policy will always prevent him from relinquishing his rights. Unless the mother also relinquishes her rights and the child is put up for adoption, he is on the hook for 18+ years. And he should be.



He knew what he was doing.



In America, women have the right to decide whether or not they will carry a pregnancy to term. The man who got her pregnant, your husband, does not have the right to make her agree to have an abortion. Even if she had agreed, this kind of agreement is not a legally binding contract.



You took vows "for better or for worse" and now your husband has chosen to make you eat the "for worse" words.



You must realize that the child is totally innocent and your husband is totally responsible for getting her mother pregnant. He knew that if he either did not sleep with her or used a condom he could have prevented this.



Men know how to not get a woman pregnant. Abstinance works 100% of the time. He knows that. Your husband has no excuse for his behaviour.



You must welcome this child into your family, you really have no choice. She is in your family. Your children have a sister and your husband has a daughter. You do not get to chose.



Please consider how damaging this will be to the child to be thrown away by her father. She needs her father just as much as his other children.



Unless you divorce him, you have to honor your marriage vows to him and help him through this and support the new child. Celebrate her, you don't really have any other choice anyway.



If you try to hurt this child by denying her a relationship with her father, you will have become one of the Cinderella-esque step mothers of the fairy tales. Don't be that way.
First, she will have to prove paternity thru a dna test. The courts would order it. He cannot get out of it if the court orders it.

Once paternity is determined and if the baby is indeed his child, then he would be ordered to pay child support. Each state is different, but a good rule of thumb is 20-25% of your husband's salary would be paid for child support.

There is no way to "relinquish parental rights" unless the child's mother agrees to it. Simply because you and your husband want to give up your parental rights doesn't mean anything. The courts will force him to take financial responsibility for his child.

And lastly, you'd have a hard time "suing" her for anything. Maybe alienation of affection, but since you and your husband are still together, that wouldn't really mean much and no one would believe it. Besides, you seem to have misplaced your "anger"....your husband is the one that stood before you, god and your family and friends and promised to love and honor you. He's the one that did you wrong...not her.

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