i have a question, if a man, who by the way is wealthy, in the dominican republic has a child with a woman, shortly after,while the baby is still under a year old, the woman marries another man, and that other man claims the child as his, legally that is, is the biological father completly clear of having any finacial responsibility for that child?
- Thread starter FrankieCarbone
- Start date
laws regarding biological fathers....
I doubt it.......
Most jurisdictions concur that a biological father always has the responsibility to provide for his child even if the mother refuses said 'financial' responsibility should she be unable to properly provide for the child the father is obligated to do so.
If you can't (won't) pay, you shouldn't play!
The child didn't ask to be born to a 'poor' mother and a man who is NOT the father shouldn't have to support another man's offspring.
Most jurisdictions concur that a biological father always has the responsibility to provide for his child even if the mother refuses said 'financial' responsibility should she be unable to properly provide for the child the father is obligated to do so.
If you can't (won't) pay, you shouldn't play!
The child didn't ask to be born to a 'poor' mother and a man who is NOT the father shouldn't have to support another man's offspring.
ok i know there is the right thing morally, but what i want to know is if LEGALLY, he is oblige to pay up for his son, EVEN THOUGH the mother married another man and the kid took the last name of another man who legally claimed him...?
Did you get a DNA test?
I don't know Dominican law but IMHO, her remarrying could absolve you of alimony, not child support, however, claiming the child legally could be akin to an adoption in which case the biological father might be free, unless you are offered visitation rights and the opportunity to be a part of the child's life.
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What man would marry a woman and not be prepared to support her/their child?
If they want the father out of the child's life except for the cash, screw them.
1) If wealthy biological father does not appear on a birth certificate, there is no legal way for him to be charged with child support (He might like to talk to God about this in moral terms, however.)
2) If he does appear on a birth certificate, then yes, he does have a legal obligation.
3) why not set up a small foundation to provide for your child? Appoint a legal guardian to oversee the proper application of the funds for the health, education and welfare of the child.
It does seem strange that one would plant his seed in the belly of a woman and not give a d@mn as to whether something comes of it or not. Not much pride in ones self.
Of course this happens all the time in the US where more than 60% of all black children are born to "single" women....
HB
2) If he does appear on a birth certificate, then yes, he does have a legal obligation.
3) why not set up a small foundation to provide for your child? Appoint a legal guardian to oversee the proper application of the funds for the health, education and welfare of the child.
It does seem strange that one would plant his seed in the belly of a woman and not give a d@mn as to whether something comes of it or not. Not much pride in ones self.
Of course this happens all the time in the US where more than 60% of all black children are born to "single" women....
HB
Hillbilly is right. What is happening in the US is tragic. It is the rare black child who has both a mother and father living in the same home. Men in certain cultures have been devalued and are viewed only as sperm donors. This repeats generation after generation and is destsroying the fabric of civilized society. I am sorry, but I am very passionate about this issue.
If the mother of the child decides to "someter" the biological father in court for financial responsibility, she's free to do so always that she can prove via a court ordered DNA test who the father of the child is; even if she married the other guy and had him registered as the legitimate father of the kid, still it doesn't absolve the biological father from legal recourse...
The only thing aiding the biological parent here, its that the court may favor somewhat the circumstances under which the kid is living and by hiring a good lawyer he may be able to be freed from any financial responsibility beyond what the courts find admissible...
As DNA became a powerful tool in these kinds of cases, the courts have the last word on what's the burden or responsibility of a biological parent given the unique circumstances that are presented before it.
Ask the venerabled Guzman of DR1!!!
ok now here is the situation
im not the father in this story, im the child, now i have met my bological father and he responded when meeting me by throwing his drink in my face (literally) and letting me know i wont get one cent of his ever. when all i wanted to do was talk to him really
anyway that was a year ago, now what i want to know is, he is very wealthy, and he has given all of his other children (5 more, 6 total with me) a house, as he owns many. he even bought one of his daughters her own business.
now i was told that i could get a dna test done and he will have to give me what some say is rightfully deserved to me. now i have been raised by my mother and stepfather, and my stepfather claiumed me as his child in the birth certificate shortly after i was born since my biological father refused to do so.
so what legal right do i have? i have also been told that since my stepfather claimed me as his back when i was born, that i have no legal right to anything from my biological father, which ****es me off since he bascially got away with bringing a child into the world, had his fun, then let some other guy take care of him and left him scott free
so DO i have any legal right if i get a dna test done?
im not the father in this story, im the child, now i have met my bological father and he responded when meeting me by throwing his drink in my face (literally) and letting me know i wont get one cent of his ever. when all i wanted to do was talk to him really
anyway that was a year ago, now what i want to know is, he is very wealthy, and he has given all of his other children (5 more, 6 total with me) a house, as he owns many. he even bought one of his daughters her own business.
now i was told that i could get a dna test done and he will have to give me what some say is rightfully deserved to me. now i have been raised by my mother and stepfather, and my stepfather claiumed me as his child in the birth certificate shortly after i was born since my biological father refused to do so.
so what legal right do i have? i have also been told that since my stepfather claimed me as his back when i was born, that i have no legal right to anything from my biological father, which ****es me off since he bascially got away with bringing a child into the world, had his fun, then let some other guy take care of him and left him scott free
so DO i have any legal right if i get a dna test done?
Get in contact with DR1's Guzman and take this guy to the cleaners!!!
It's very possible to challenge him in court using the rights given to you via the family law in the DR...
The most important part of it is to be 1000% suuuuuure your mom is 1000000% suuuuuuure you're his son and have no doubts about it before going to court, since it could open you to a wrongful accusation suit and legal costs by his account...
Given the recent developments in Dominican courts this case could set precedence for others like it in the DR...
It's very possible to challenge him in court using the rights given to you via the family law in the DR...
The most important part of it is to be 1000% suuuuuure your mom is 1000000% suuuuuuure you're his son and have no doubts about it before going to court, since it could open you to a wrongful accusation suit and legal costs by his account...
Given the recent developments in Dominican courts this case could set precedence for others like it in the DR...
Assuming he is your biological father, what is it that you would sue him for?
He doesn't have to put you in his will and I doubt that he owes you cash, house, or business.
Your mother may have a claim for child support but how old are you?
If she was going to do this, it should have been done when she split and you were not even 1 year old.
I hope you can get something out of him.
Are lawyers in the DR allowed to work for a cut of the proceeds, if there are any?
It could be a long expensive battle otherwise.
Good luck.
He doesn't have to put you in his will and I doubt that he owes you cash, house, or business.
Your mother may have a claim for child support but how old are you?
If she was going to do this, it should have been done when she split and you were not even 1 year old.
I hope you can get something out of him.
Are lawyers in the DR allowed to work for a cut of the proceeds, if there are any?
It could be a long expensive battle otherwise.
Good luck.
i just want to know what is possible legally, given the kind of luck i have, i wont get nothing, and never will. this guy basically had a kid and did;t have to spend one dime out of his pocket,since some other guy said "ill take him"; nice, i wish everything else in life were that easy
if i could get something out of him now that im over 18, that would be nice, but if i cant, whatever, i have already accepted the fact that his other children with there free house and bussiness and support he had given to them all there life, are problably laughing at me
if i could get something out of him now that im over 18, that would be nice, but if i cant, whatever, i have already accepted the fact that his other children with there free house and bussiness and support he had given to them all there life, are problably laughing at me
A recent Supreme Court decision has opened up many possibilities. Before this ruling, it was almost impossible to go against the legal presumption that the husband is the legal father of any child born in the marriage.
Man, sorry to hear about your story. I for one can't understand having a child and just completely disregard him/her, but to each its own. Now, I'm not a lawyer but I always thought that by law when a person dies his children automatically inherit 50% of their possessions. The spouse if alive will inherit the other 50%. Now the fine line comes into play as you talk about legitimate children, recognized kids, etc...which I don't know if they still do.
The thing is how can you take a DNA test if he refuses? How can you prove your his son...I don't know if the law can force him to do this. Question for Fabio I guess.
The thing is how can you take a DNA test if he refuses? How can you prove your his son...I don't know if the law can force him to do this. Question for Fabio I guess.