Soldier Fighting for Custody of a Child Not His

Discussion in 'The Club House' started by Certifiable, May 18, 2018.

  1. Certifiable

    Certifiable Well-Known Member Supporter

    So, I ran across this article today about a soldier whose wife cheated on him and had the child while he was stationed in South Korea. In and of itself, while disappointing, it's hardly unheard of. The messed up part starts when the wife told his family the baby died at birth, then went behind his back to hand it off to some other couple. The story is linked below and the soldier has a GoFundMe page up to help with some of the costs of the custody battle.
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  2. 303tom

    303tom Well-Known Member

    That's some f----up $h!# right there !...............
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  3. MisterMcCool

    MisterMcCool Well-Known Member Supporter

    No good deed goes unpunished
    dango likes this.
  4. Chainfire

    Chainfire Well-Known Member Supporter

    That is pretty low. So is the baby his, if he isn't the biological father, because it was caught in his trap? It is not only a moral and ethical issue, but probably a complicated legal one as well. If he wins and gains custody of the child, and the biological father comes to the courts for it, what then?
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  5. jigs-n-fixture

    jigs-n-fixture Well-Known Member Lifetime Supporter

    Depending on the state laws it is, most probably, legally his. The laws were written before dna, and if you’re married at the time of conception or birth, you’re the father.
  6. kfox75

    kfox75 Well-Known Member Supporter

    i went through that last one with my first wife.

    long story short, she was messing around with someone behind my back, I found out, and showed her the door (but I was still nice enough to help her pack.)

    2 months later, I get a phone call, asking to come over. When I opened the door, i just sensed it. i saw one, but felt two.

    And my gut was dead on. With an "Oh S***." factor, right out of the gate. that "Oh S***." was because of NY's law of marital presumption. As were were still married, only seperated, her boyfriend's kid, with her, was mine by law.

    i just walked into the office, picked up one of my law books, and looked it up, marked the page, and handed her the book.

    then the profanity started. From her, not me.

    What should have been a 6 month to one year divorce, turned into a 4 year ordeal, as we had to wait for the kid to be born, file certain forms in the county courthouse, set up, and p[ay fro paternity testing (On them, not me), the father line on the birth certficate had to be left blank, and as a final step, to get it processed, even after submitting the forms stating, and notarized as well, that i wanted nothing to do with the kid, that it was not mine, with 100% certainty, and that I would not fight J, for paternity or custody, of the child.

    And I was on a beach in FL, when my wife called to tell me I had to be in Family Court at 09:30, tow days from then, for the custody hearing.

    I was hauling a** all the way back at that point. i made it home at 23:00 the day before I had to be there, and was in the waiting room with a cup of coffee by 08:45. I beat them to it.

    When he and I were called in, i went in, answered the questions from the judge, told him it wasn't my child (And the paternity test results backed this up with 99.996% certainty), and stated that I will not fight the court's decision. i also walked over to him, shook his hand, and congratulated him, walked out the door, and left.

    I was one of the lucky ones. I have two friends back there that are paying child support on kids fathered by the other guy, after they split, that will still be doing so for another 8 to 10 years.

    And yes, if he had been mine, I would have fought tooth and nail for custody of him.
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  7. Certifiable

    Certifiable Well-Known Member Supporter

    In this case, the mother reported that there was no way to know who the father was. I suppose it's possible that other fluid donors could queue up for paternity tests to fight for custody as well. I hope the courts can take the long view and directly consider the best interests of the child.
    kfox75 likes this.