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After his fiancee’s death this new dad battled to take his baby girl home from hospital after reportedly being involved in a legal fight for her custody.

James Gardner has been left to fight for custody of his baby girl Hadley after his fiancée, Heather Trimble, died in a car accident in Texas while eight months pregnant.

Mr Gardner reportedly had issues bringing his baby girl home because Ms Trimble was still legally married to a man she left three years ago.

“I really didn’t think this could get any worse,” he said.

“The amount of wrong turns this thing has taken is really mind-boggling. To think that anyone would have to deal with this on top of the original crash.”

A family lawyer not involved in the case, told Fox4 because Ms Gardner was married at the time Hadley was born it was assumed her estranged husband is the child’s father.

“Because she was married to him at the time of the birth of the child, the actual father, legally speaking, is a presumed father — which is her husband,” Mr Lewis said.

He has now hired an attorney to help him work through the legal issues, and the estranged husband is willing to file the necessary paperwork. An emergency hearing is set for Friday.

Once parentage is resolved, Gardner can then change the birth certificate to reflect ‘Hadley,’ the name Heather would have wanted.

What a horrible situation for that poor man to be dealing with after losing the love of his live. Our thoughts are with him.

Share your comments below

Image via Fox 5

 

  • hopefully this will be resolved easily. what a sad situation for this fellow.

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  • I am hoping everything has been sorted out and a DNA test was done. My sis in law had this problem as her parents were still married to other people at the time she was born. Her mother’s legal husband wanted nothing to do with the baby but was told he had to pay maintenance. Her real father had to go to court to be made the father, this was in the mid 60’s.

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  • Considering the fact that the Mum separated from her husband 3 years before her death I very much doubt her ex-husband wants responsibility for the baby.

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  • Assumption is the mother of all stuff ups!!! Hoping a DNA test was promptly done and results rushed through. What a traumatic time for this gentleman.

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  • Awful !! Yes a DNA test should be done to take away the wrong assumptions and give this dad the custody of his child.

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  • Have a DNA test done – that should prove paternity. So sorry for this man.

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  • What a tragic set of circumstances. I hope he gets custody of his child.

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  • I do hope this young man will be given full custody of his child,wishing him the best of luck! My heart goes out to him.

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  • a simple dna test should fix it


    • That went through my mind also.

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  • I’m sure her estranged husband doesn’t really want to deal with it either.

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  • Horrible, but at least it sounds like the “presumed” father s helping.

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  • Oh! Shocking! But they should be able to handle this all thing. Hopefully as soon as possible. Tragic situation indeed. :-(

    Reply

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