# another mans parents fighting for my child and asking for a dna test!



## helpmeoutpls (Aug 22, 2013)

well to start this out, another mans parents are trying to keep my wife and I's 11 month old son! they are using my background agents us. I have been out on parole for around 3 years. the other man don't want anything to do with the child but if he is his to only have visitation. he don't want to support our son nor can he. he lives with his mom and dad and has no ride. he dose have a job but he's on the road as a trucker all week long. his parents has our son as I speak. I have been out of work for over a little two months cause of health. but am starting back up with a new shop soon. now on one hand if he is the bio father I have no problem at all letting him see him when he is in town. my wife and I was married before our son was born. we have taken care of him at all cost. he has not gone with out on anything. he has his own room and toys food and so on. now I know I have made my mistakes in the past but why do my son have to pay for my past mistakes? on the other hand I want to do what any father wants to do!!!!! if you know what I mean....... but I cant cause it will only make things even more out of control. now to let you know this other man has never been here or even tried to help take care of our son. we cant get legal aid and we don't have enough money to get any help here in Arkansas. I am on the birth certificate. I just don't know what to do, and I don't know how or what to do to help my wife feel better. we are trying to have more kids still cause we have always wanted more. I just don't have anyone to talk to about this for advice or anything.


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## Mavash. (Jan 26, 2012)

How long have his parents had your son?


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## helpmeoutpls (Aug 22, 2013)

about a month and a 1/2


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## helpmeoutpls (Aug 22, 2013)

we only get to see him for 4 hours a week it was said to be one day a week and they cut us down to about 4 to 5 hours


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## Shaggy (Jul 17, 2011)

If you are on birth cert that helps.

Have the other mans parents got a court to order testing? I would imagine that DNA testing on a minor requires approval by the child's legal guardians, in this case you and your wife.

Otherwise the any test should be legally in admissible in court.

I'm not a lawyer, you need a lawyer to answer it for your area.

I would however refuse and have your wife refuse to allow the testing to be done.

Does your wife admit to having had unprotected sex with the Other man?


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## Shaggy (Jul 17, 2011)

helpmeoutpls said:


> we only get to see him for 4 hours a week it was said to be one day a week and they cut us down to about 4 to 5 hours


Who is deciding where he lives? Is it a family court?


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## helpmeoutpls (Aug 22, 2013)

its in probate court that we are in and we don't have a money for and legal help and yes he dose it was about a week and a 1/2 between us.


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## helpmeoutpls (Aug 22, 2013)

the court has order one but they have not done it yet, and they are fight for us to pay half of the cost and they are to have it done before 90 days.


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## diwali123 (Feb 17, 2012)

What were you convicted of?


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## ladybird (Jun 16, 2010)

Why does the child live with his Presumed fathers parents? Unmarried men that father a child have no rights until paternity is established, once that is determined then the father will have rights to the child. Atleast here in washington, i know the laws very from state to state.. I did find this for you to read about Arkansas child custody laws.

DFA - Paternity

I hope this helps!


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## diwali123 (Feb 17, 2012)

I'm guessing he was convicted of something very bad.


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## Mavash. (Jan 26, 2012)

diwali123 said:


> I'm guessing he was convicted of something very bad.


Not only that Arkansas is a conservative state which isn't a good thing in his case.

I suspect a liberal judge would be more forgiving.


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## Anon Pink (Jan 17, 2013)

This doesn't make any sense at all. That couple can't keep a child from his legal parents without some order from a judge, usually asked for by either social services CPS, or the couple themselves. In all states if a child is born to a legally married couple, the man is the defacto father with all rights and responsibilities UNTIL he is proven to NOT be the father...unless DSS has already been involved and asked the judge for temporary legal custody.

In the absence of DSS involvement, this other couple has illegally kidnapped the child and the judge must order the child back to his legal parents.

Which is why I believe DSS CPS have already been involved and already asked the court for temp cus.

OP, your child will be assigned his own legal counsel. Once that happens your best bet is to contact that attorney. DSS has no doubt given you visitation rights, don't miss a single visit ever! Follow every item in the service case plan no matter what. If they tell you to get drug tested DO IT! If they tell you to take parenting classes do it and be the best student in the class. If they tell you to get a job take any job you can no matter what. No excuses!

In every state, there is legal aid available to every parent involved in TPR cases. They are trying to terminate your parental rights, so call your local legal aid and learn what you must do to get your son back.


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## Anon Pink (Jan 17, 2013)

And why the hell are you posting in a marriage forum rather then a parenting forum? Fishy something smells.


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## ScarletBegonias (Jun 26, 2012)

Is it possible the child could do better with these people?Can they provide the stability and love that the child needs?Can they afford to have the child and care for him properly? 
I get that you want the child but it doesn't sound like you have your act together.


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