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An F.O.C. worker said I have been declared the "legal Father"...I know who the real father is..and, after Never being in the boy's life..Now that I've seen Him..I know he's not mine! I've been harassed, jailed, had my life turned upside down, and charged out the yam for a kid that I didn't even biologically father! I KNOW I HAVE RIGHTS! Only educated answers please...I'm too broke right now to afford the test, or a lawyer..and am dealing with a small county in Michigan that seems to take great pleasure in torturing those wo merely want justice and truth. Any pointers?

2007-02-24 05:31:25 · 12 answers · asked by 35 YEARS OF INTUITION 4 in Politics & Government Law & Ethics

We were never married, she told me she couldn't get pregnant.SO...wish me luck at court next week.

2007-02-24 05:58:02 · update #1

12 answers

If you are going to court for a show cause hearing for failing to pay child support, you are entitled to have an attorney represent you. At that time you need to seek for paternity testing to determine if you are the biological father. You can ask the judge to have the other party pay for the test if it should happen that you are not the father. I know representation is costly but how much will it cost you if you don't fight it? You might also consider, if you are determined to be the father without the test, seeking parenting time with the child. As long as you are paying for a child that has been deemed to be yours you should have a relationship with the child. I used to practice in Michigan and wonder what small county you are talking about. Some counties do allow legal aid lawyers to assist fathers in this type of case. Although not many. Wish I could give you more help but you really need to get the paternity test done some way if you are convinced you are not the father. Otherwise, get ready to pay until the child reaches the age of 18 or while still in high school up to the age of 19 and 1/2 years old. Good Luck.

2007-02-24 06:41:05 · answer #1 · answered by docholiday 2 · 0 0

There is a presumption that if you are married when a child is born or if your name appears on the birth certificate then you are the father. I don't know Michigan law on the subject but since it has been 12 years since you found out then you may indeed be the "legal" father. Also, it seems that you are basing this on the physical looks of another man. This is quite foolish, you need to contact a lawyer that deals with paternity issues. It may be the case that Michigan will absolve you of your legal duties to the child if you can prove you are not the biological father. First and foremost do a paternity test which are only a few hundred dollars to see if you are the father if not then worry about getting justice. You say you are too broke, well then you need to determine whether its cheaper to just keep paying support for the next 6 years or to hire an attorney and fight this. I cant make that call for you.

2007-02-24 05:48:56 · answer #2 · answered by Daz2020 4 · 0 0

Honestly, I can't help you with the legal stuff. I like the advice to go to legal services. You need a lawyer.

Your best "revenge," however, might be in becoming a father to this child...a real father, the kind who takes an interest in raising a child to be a good person. Sounds like the mother is yanking you around. Please remember, it's not the kid doing that. If you can find any bit of you that might like to be a father to this child, please be so. Considering all you've said above, it sounds like he needs one (because his mother is a piece of work). If you're going to be made to pay for him, literally, then try to get a return on your investment: a kid who, years from now, will respect and appreciate you for what you've done for him. If you feel you can do this (without trying to embitter him toward his mother--won't work, in the long run), then try demanding visitation rights, joint custody, etc. If nothing else, this will probably make the mom's life more than a little harrassed--and wouldn't that be joyful revenge?

2007-02-24 05:43:21 · answer #3 · answered by katbyrd41 7 · 0 0

To be brutally honest, if you had sex with the child's mother there is no way to completely know that he is NOT yours. The best way to resolve this is to get the test done however you need to go about doing that.

Try Legal Aid. They may be able to represent you for free or at least low cost. You might be able to check with someplace like planned parenthood to see if they do the test there. Simply asserting that you are not the father is not going to help anything.

...and if it turns out the child is yours, take it from someone who had an absent father and be presnt in his life--If you are a father, BE a father.

2007-02-24 05:44:16 · answer #4 · answered by Biotastic 2 · 0 1

Before all the happened, like being in prison, they should of done a paternity test to prove the child was yours. If they didn't then something is wrong with the courts that you went through.

2007-02-24 05:44:37 · answer #5 · answered by Trent 2 · 0 0

No. the main inexpensive attempt you're able to do is using an internet enterprise. The link below is a authorized DNA laboratory. do no longer hardship paying for the paternity attempt on the drug keep. They fee you $20-30 for place of work work, a ziplock and a few Qtips. you nevertheless could pay for the attempt. you promises your individual, print the place of work work on your printer and pay lots much less with the link below.

2016-11-25 20:58:39 · answer #6 · answered by stiefel 4 · 0 0

Is the mother going through a child support enforcement office to collect the child support? If so, its really simple to request a paternity test from child support enforcement, if the child is yours you will pay for the DNA if it isnt the chil support office will end up footing the bill.

2007-02-25 02:50:18 · answer #7 · answered by winteraires 2 · 0 0

Get a friggin lawyer. Your going to pay the money anyways. Get the test done. Force the issue. Get your name off of the birth certificate. Call Maury Povich.

2007-02-24 05:39:19 · answer #8 · answered by Anonymous · 0 0

You could always go on the Maury show and get the test done there, and if you are proven to not be the father, then you can take legal action.

2007-02-24 05:35:31 · answer #9 · answered by Kikyo 5 · 0 0

get a blood test, dna test, go back to court without it your screwed because you were named by the childs mother, if you don't you'll keep taking the crap.

2007-02-24 05:49:05 · answer #10 · answered by idak13 4 · 0 0

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