can he keep shared custody or what

[iceberg]

A friend of mine in tears told me that he found out his 6 year old son is not his. 4 years ago he won shared custody and was a great dad. Paternity test was suggested by his ex.

He says he will accept this and of course his name is on birth certificate but what he fears is the losing the child. He wants to continue relationship with his son even though he is not biological father. His ex will try to take him away according to him.

IDK nothing about this but promised to talk to him if I get any advice on this forum

Anyone knows how cases like this go...what to expect etc

 

[standing on the sidelines]

too many variables to say. Who is telling the bio dad he has a child?? When he finds out he may want to go for visitation and custody himself.

 

[HammerDad]

He will probably be able to maintain it.

1. He is on the birth certificate as the dad.

2. Has acted as dad for years, and is the only "dad" the child knows.

3. shared custody has been in place for years now, so status quo has a good hold on the matter.

4. I don't think proving his ex is a ho is a material change in circumstance.

 

[HappyMomma]

4. I don't think proving his ex is a ho is a material change in circumstance.

Bwahahahahahaha!!!

Take a look at this case:
http://www.canlii.org/eliisa/highli...doc/2002/2002canlii49556/2002canlii49556.html

This guy was trying to get out of paying CS - but it might be a helpful starting point.

 

[iceberg]

He will probably be able to maintain it.

1. He is on the birth certificate as the dad.

2. Has acted as dad for years, and is the only "dad" the child knows.

3. shared custody has been in place for years now, so status quo has a good hold on the matter.

4. I don't think proving his ex is a ho is a material change in circumstance.

Standing has a point what if the bio dad never knew about this and goes for custody. A whole new court battle probably?

 

[HammerDad]

Standing has a point what if the bio dad never knew about this and goes for custody. A whole new court battle probably?

Bio-Dad would be coming in a little late. Bio-Dad may get some parenting time, initially supervised. Or the courts may determine that is in the best interests of the child to continue the existing arrangement with the OP's friend and the Ex-ho.

 

[iceberg]

Bio-Dad would be coming in a little late. Bio-Dad may get some parenting time, initially supervised. Or the courts may determine that is in the best interests of the child to continue the existing arrangement with the OP's friend and the Ex-ho.

What do u mean by " OP's friend"

 

[Deputy Daddy]

OP means Original Poster (you)