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Old 02-14-2015, 10:53 AM   #1 (permalink)
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Join Date: Feb 2015
Posts: 1
bad divorce situation

I was married in Nevada in 1994. We moved to Texas and there they said the divorce was not legal because she used a last name that was not her legal name. So from that day we thought we were not married. We grew apart and went our desperate ways. We just became friends again on Facebook after 18-19 years. Now here comes the question. I remarried in Arkansas and she remarried in Nevada. So my new wife and I have been married since December 18, 2010. Our son was born 2011. I'm on the birth certificate. Well it tours out she's one of those woman that led 2 lives. While I was away truck driving she got with an old boyfriend and got pregnant. He turned out to be a level 3 child predator and was a criminal on top of that. So they split, and I took her back. The lil girl is not mine and I'm not fighting for her at all. So after getting a local job and staying close to home I went back trucking. Well before I left she was apparently talking to him again. Set up a Facebook account under her maiden name and they hooked back up while I was gone. So in November I called it quits when I found a text from him on her phone from him. So she's been with him again this whole time seperated fixing to get a place together in another town which she says she's not with him. I have his ex as my witness and his confession they were together and was going to get a place together. I got my son and filed a protection order to keep my lil boy away from her and him. Now her lawyer is saying my first marriage might be legal and wants our marriage nullified, which in turn would say we weren't married when he was born so she can. Somehow take my son from me even though she's in the wrong for putting my son around the level 3 child predator again. I've been his father on every tax form hospital bill, everything and on the birth cert. I does she have a right to take me to court to get him back when it was her this whole time putting him at risk and in danger. I hate long stories but this is whats happening to me and my son right now. Thanks for the help in advance.
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Old 02-18-2015, 04:34 PM   #2 (permalink)
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Join Date: Oct 2012
Posts: 326
If the child is actually yours then whether you were married or not has no bearing on your custodial rights.

The only time marriage becomes an issue for fighting for children is if the father was married to the wife when the child was born, but the child was not actually the father's. In those situations the father will legally be the dad even if he doesn't want to be.

However, if the child is yours then you have rights to the child. If the child is not yours and the marriage is nullified then your rights might be impacted.

To sum it up if the child is yours then nullity, divorce, etc won't impact your rights to fight for custody. However, custody battles are messy, but if you can come to an agreement that is the ideal situation. Here is a brief article explaining how to establish custody. http://www.legalmatch.com/law-librar...isitation.html
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