mardi 30 mai 2017

Establishing Paternity: Complex Paternity Help Needed

My question involves paternity law for the State of: South Carolina

I am married. My husband and I separated and I started a relationship with a man I knew for a good while. I eventually found out I was pregnant and when I tested we assumed it was the friends baby. I went to my Dr to figure out how far along I was and shockingly discovered I was 4 mo pregnant. This time period put serious doubt as to who was the father based on separation. The friend and I had a major falling out because of his alcoholism. So things ended and he just disappeared out of our lives. After some time, my husband and I worked things out and he took care of us during my pregnancy, the birth and now my son's first year of life. I felt it was only right to notify the other man of the birth because it seemed very likely after my son was born, that he's the biodad. My son was 5 mo old when I was able to reach him abd let him know. He also feels confidently he's dad. Then all the complex issues appeared. He wants to establish paternity, get some rights, etc. He wanted us to work it outside of court, but unfortunately that's a impossible scenario due to the situation regarding paternity, child support and working out details. I let him know this and he has been threatening and promising since he found out and nothing has happened. In SC I know due to marriage my husband is the legal father and he's on the birth certificate. I also know SC uses a registry for situations like this to protect fathers rights so he can contest paternity, be notified of adoption, etc. I have no clue if he registered or if there's a time limit. I'd like to know more about that. Because it's clearly stated if he didn't register, he's waved rights. So does that mean he can't file paternity? And if he can file paternity and establish rights, would the fact he's waited so long have any impact here? I am concerned because my son is now a year old and only knows my husband as dad. I've seen cases vary greatly from the husband being deemed a "true " father" and judge ruled in favor against biodad. To of course biodad being awarded over the husband. So I'm trying to figure out SC stance on this. I've got an appointment for an consultation with an attorney here later this week to hopefully find out more. But I would appreciate some information. Thank you in advance.


Establishing Paternity: Complex Paternity Help Needed

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