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Child support, custody, and rights

Child support, custody, and rights

It's going to be nearly impossible to keep this short and swee, so I apologize in advance for the novel! I want to understand the laws behind divorce, child support, and custody, etc. Are these different by state?
My fiance had a sexual relationship with a married woman for about 5 years. (This is a horrible story, but my point in this forum is not about his past actions and desicions and more about how this will affect us in the future). The two of them have a two year old son, with recent paternity tests to prove this. The twist is.... that this woman's husband has thought the child was his the whole time. My fiance has seen the kid about 15 times in two years on very short, and impersonal occassions. NOW, this couple is getting a divorce and the husband is aware that the child is actually not his. Bottom line is... my fiance and the husband have spoken, in person, and discussed what would be best for the child. The husband WANTS to keep the child and continue being his father, as he has been his whole life. Since the child has the husband's last name, the husband's name is on the birth certificate, and the husband has been the true father figure his whole life... what, if any, is my fiance's role in this? I am being told that, even though there are paternity tests showing my fiance is the biological father, the husband is the ACTUAL father here in this picture. And they will proceed with the divorce like that.
It's so complicated! But my fiance and I want to have NOTHING to do with her, the husband, or the kid ever again and dont want to have ANY contact with them ever again! But how does their divorce and this kid affect my fiance and his future? My fiance doesnt want the kid (ONLY because it's truly in the kid's best interest for the husband to be the father), the husband does want the kid, the wife (my fiances ex) wants MY FIANCE to be the father. She is OBSSESSED, like PSYCHOLY obssessed with my fiance. When is the point, and how, if ever, would my fiance be forced in to child support or any other involvement in all this? I am told that Nebraska laws give the husband all the rights.  Unless what? Until what? I dont know! I'm freaked out.
I dont want OUR future and our wedding to depend on someone else's divorce!
I need to speak with a lawyer, huh?
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200957_tn?1236140523
You did need to seek the advice of an attorney. In the eyes of the law, you are correct the husband is the father because the child was conceived during the marriage. In Texas your husband could relinquich his rights to ensure in the future the husband doesnt change his mind. It could happen, especially if he gets remarried. Relinquishment will allow your husband to give all his rights to the ex and husband. The divorce will cover the custody and child support. However if your fiance's ex is determined your fiance be responsible for the child, she could tell the judge in the divorce about the discretion, and then it will be up to the judge. If you do not want any future surprises seek an attorney. Don't just get an attorney's advice retain one, so all the issues are court ordered. A court order will protect you and your husband from future actions taken against you.
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484465_tn?1287865518
yeah, i was going to say your fiance should look into signing over any and all rights as soon as possible.  hopefully this woman will be open to it b/c i believe both sides have to agree to it

if she does inform the court of this side of things, it will be up to the judge.  they could then order your fiance to do paternity testing, and if proven as father assign child support, and visitation.  but, if the child's current father is against establishing it, it may weigh heavily on the outcome being that he was married to this woman and has been believing the child was his all the time and raising the child
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Avatar_m_tn
Find out what rights everyone has in the state you are in!!!!  Wierdly enough everyone involved probably has rights.
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