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my husband is being sued for paternity for a child born 16 years ago. my question is why did the mom wait so long. could it be that michigan changed the welfare laws and are now requiring both parents to be on the application. is that fair to the child? making her wait 16 years to meet her dad. would it be wrong to sue for custody?

i want everyones opinion on this.

2006-12-22 14:36:16 · 13 answers · asked by knowitall 4 in Politics & Government Law & Ethics

13 answers

This is a tough situation for all involved. The girl deserves to know her father and he should have the chance to know her. The fact that the mother waited so long is very unfair to everyone. I will assume that your husband did not go into hiding and that mother could have named him as the father at any time. However,there is reasonable doubt that he is the father until the DNA tests prove it.

There should be a limit on the ammount of "back" child support the mother or the state can try to claim. As for suing for custody, that would be the worst thing to do right now. Demand visitations, but do not think that the girl is eager to move in with you full time. You are, afterall, strangers to this girl.

2006-12-22 16:31:28 · answer #1 · answered by Kevin k 7 · 1 0

I'm not sure about Michigan Law but yes this child deserves to know who her/ his parents are. However, it's not fair to this child to sue for custody simply because it took the mother 16 years to find out the paternity. Perhaps if your husband is the father you should do the right thing and get to know this child and not try to take her/him away from the only parent they've ever known. Good luck to you all.

2006-12-22 14:56:39 · answer #2 · answered by Dani M 1 · 0 0

I'm not even sure paternity tests were AVAILABLE 16 years ago - certainly not to the average individual. Either way, if he's the father, he's the father. Her reasons don't matter - she has the right, and had it from the first day. Maybe he should be glad she didn't decide to sue earlier - he'd have been paying child support all this time. As you are neither the mother NOR the father, I don't think it's your place to decide what's best for the child - and I have a sneaking suspcion that isn't your motive anyway. He apparently screwed up (literally and figuraturely), and now he has to pay for it, so deal with it.

2006-12-22 14:46:19 · answer #3 · answered by Anonymous · 1 0

it might be in your hubbys best interest, hopefully to prove its NOT his kid. i dont know why she waited so long or has she been testing everyone under the sun. west virginia, makes it a policy
to have the fathers name included when a single mother applies for welfare and if no father that makes it harder to get asistance.
paternity tests are done to prove that the man is the fahter of the child. you may want to get a background on this woman also.
if she has been married and/or been left any monetary value from those marriages. she may just want the money, but to me it seems to fair and in trade. you pay child support, you get visitation. i thought that was the trade off. women can be so vindictive. and for all the women that read this, i am a woman too.
when my biological mother came back into the picture when i was 19, the daughter she had with another man, my mother wanted her to meet my biological father etc etc. i told them both
to get a paternity test if its positve, come back, if not stay away from my dad. my father had kept a copy of the birth certificate of that birth just for this reason.
is it the daughter that wants to know who her father is, or is the mother that wants the money. at 16, it may be the daughter pushing for it. i dont know all the factors in this case, but i wish you and your husband best of luck.

as far as suing for custody, if your husband is the father the daughter should be old enough to ask the judge to be able to live iwith or visit her father, legally and on document. keeping things
clear and without hassle thru the court.

2006-12-22 14:48:26 · answer #4 · answered by sharma 4 · 1 0

As technology improves, medical exams, including DNA testing for paternity becomes less expensive and easier. Also, it is possible that 16 years ago the woman was unaware of her rights as a mother.

If your husband fathered a child, he should contribute financially to that child's upbringing and education. I find nothing wrong with the woman suing at this time.

If your husband has not recognized his child for 16 years and has no emotional links, why would he suddenly wish for legal custody? This seems rather vindictive on his part.

2006-12-22 14:45:57 · answer #5 · answered by Anonymous · 2 0

I don't think she is doing this for the child whatsoever, it sounds like a money thing because if it turns out he is the father, she can sue for back pay of child support. Depending on state law though the judge may throw it out becasue it has been so long. In two more years the child wouldn't recieve child support anyway, so the mom is probably trying to get what she can while she can. I would speak with an attourney or anyone else regarding state law about what the limits to her actions are. Good Luck.

2006-12-22 14:46:04 · answer #6 · answered by #1 Buckeye Fan!!!! 4 · 0 2

Ohio has no time decrease to undertaking paternity of a toddler. If she data for help, answer with a action for DNA sorting out. If he's shown to no longer be the father, then he won't be obligated to the toddler.

2016-10-18 21:42:33 · answer #7 · answered by ? 4 · 0 0

Just b/c he takes a test doesn't mean that he has to have a relationship with the child. It does mean that he'll have to pay child support, though. The child doesn't have to know about any of this.

2006-12-22 14:50:26 · answer #8 · answered by normobrian 6 · 0 0

I agree with the testing. Every child should know the circumstances of their conception and who their father is so that they can develop a relationship with the father. It will help with the mental state of the child and help assure self-worth.

2006-12-22 14:45:53 · answer #9 · answered by jameskidd2009 2 · 1 0

Personally i feel it is a little late to file a PATERNITY TEST???HELLO??? 16 YEARS...INTERESTING!!! you could write to Michigan and the welfare dept there...maybe they could shine some light on that issue.. CRAZY THOUGH!!! GOOD LUCK

2006-12-22 14:48:24 · answer #10 · answered by sweet 4 · 0 1

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