Blindsided.. Don't know what to do.. Help?

Question

I'm 32 years old and I've been married to my wife since we were both 18. We have 3 daughters together- 5, 3, and 7 weeks.

I'm a photographer by trade and came home tonight to find a note on the door telling me the kids were at my brother's house. When I picked the kids up from my brother, he had another letter in an envelope from my wife.

She admitted she's been having an affair for 2 years and she left with him. Even though she left all 3 girls with me, she's saying the youngest one is most likely his and that they will be back for her.

Can I stop this? I don't care what the DNA says. This is my baby and I don't want her to take my child away from me. What is my legal standing?

Answer 1

Unless your wife somehow put his name as the father on the birth certificate, you are presumed to be the father and, since you have raised her, you are basically considered her parent for most legal circumstances. In the short-term, to prevent her from taking her, you would have to sue in court for temporary full custody pending the outcome of the divorce and full custody determination. Courts have a strong desire to keep siblings together, so it is very possible they will side with you on that issue.

Most importantly, you need to get a lawyer now. The process is long and involved and you simply can't be worrying about the legal proceedings as well.

Answer 2

Depends on the laws in your state.  You need a lawyer, not a bunch of internet knuckleheads.  Look up your local pro bono program or legal aid clinic.

Answer 3

you better see a lawyer and let a judge decide

Answer 4

I'd talk to a lawyer.  But she did sign the birth certificate and stated on it that she was your daughter.  She would have to try for custody.  If she said "most likely" doesn't mean it is legal.  I would get an attorney to draw something up for you to protect both you and your children.  You already have her on abandonment.

Answer 5

Get a lawyer as soon as possible.  The Courts are always going to want is best for the child and proving you are the more responsible, reliable, stable parent in the life can go a long way towards custody.

As you are on the birth certificate and the defacto father, you could still get custody of the youngest even if not the biological father, especially since she abandoned all 3 children with your brother and you picked them up.   Abandoning her children to take off with a man she had been having an affair with for the past two years is not going to go well for her in Court if you have a good attorney.  

Answer 6

Dumping the kids off won't augur well for her in a custody hearing.  You may have a chance.