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Old 04-22-2007, 06:16 PM
iowa_mom_of_4
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Default Compliated Situation! Need Help!

I will try to make this as brief as possible. I have an 8 year old son. I was pregnant with him when I met my husband. My son's father never wanted anything to do with him...until my husband and I got divorced a year ago. My husband was named on the birth certificate and was considered the legal father. In our divorce papers, I refused child support on my son, but my husband was granted visits, etc. because I felt he had done far more than what was expected of him. However I was getting support on my others. Anyways, the bio dad took me to court and the court (in a different county than the divorce was done) gave us a temporary order in which he was granted visits, joint legal custody, etc. The bio dad now has to pay support and cover my son under his health insurance against his wishes. My ex was recently contacted about his needing to be involved in all of this because it is a third party petition or whatever to change our divorce stipulation. There was also mention of a change of venue. My confusion is if my ex needed to be involved and wasn't and it was not in the county we were divorced in and the change of venue did not come up until after my husband's attorney contacted him after my attorney contacted him because they failed to have my ex involved and he didn't realize it until after the temp order was done, how can the temp order with the bio dad be legal? My son has been having visits with the bio dad for about a year now (note that until September last year it was out of the kindness of my heart) one weekend a month and one day a week. This weekend he came home and stated that he doesn't want to see his bio dad anymore because my ex is his dad and always will be. He said that he would still like to see his bio dad once in a while, but not very often. Stuff about missing seeing his dad as often as he used to, that he isn't suposed to see my ex or his family because his bio dad doesn't want him to, rude and cruel things about my ex and his family, and he let my son know that he is the one paying child support and not my ex, and stuff like that. Okay, for legal things that may be asked...my ex and I paid for a DNA test to prove the other man was the father for this. There was no petition to change the birth certificate, it was done on our own with an affidavit from Dept. of Public Health. But, there have been problems because my ex only signed off child support rights (at my request mind everyone...not his). He still has joint legal custody, etc. and as far as any attorney he has talked to and his own, he is still considered the legal father. Another point I want to make is that the county I live in has recently made a comment on a crooked judge but I am not sure if it is the one I had. Time is essential here. My ex is being deployed and we would like to get this straightened out as soon as possible, but my attorney was not worth the money he was paid...which I cannot really afford anyway, so I am getting rid of him. Especially since the way I understand it, the bio dad has to go after my ex to have my ex's rights terminated. Can anyone make any sense of this for me. I am so confused, and I am sorry for confusing others with this but I cannot afford to even talk to an attorney about this. THANKS a bunch!
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Old 04-22-2007, 07:02 PM
moderator moderator is offline
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This really is a complicated situation. I would suggest that you do need to try to speak with an attorney. At least to get some advice on what the next step is. You can locate one through the attorney locator on Lawinfo's home page at http://www.lawinfo.com/. Some do offer free consultations.
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