An ex girlfriend out of my husbands past came back after 6 years saying that him and her have a daughter together. My husband was not only surprised but upset because he felt like a dead beat dad even though he knew nothing about this child. The problem is we think its all a lie. First off he has never seen this child, and the mother has a excuse every time he tries. She sent us a photo of a new born when this child is suppose to be 6, and she had no updated photos. She cant keep it straight because last time she said she was 6 then last night she said 5. Everytime he asks for a paternity test the mother freaks out on him and says she will tell his daughter that he denys her. And then she said she would take the test only if no lawyers are involved. But as soon as he mentions going through a lawyer she goes into panic mode. Is there way she can be held by law, or punished by law if there is no child and she was lying the whole time???? Any advice would be great!!
2007-05-31 23:46:51 · 9 answers · asked by ~sassy23~ 1 in Politics & Government ➔ Law & Ethics
She's lying! If she wants him to pay for the child she has to prove that it's his. I'd say get a lawyer. Good luck!
2007-05-31 23:59:46 · answer #1 · answered by Lady G 4 · 1⤊ 0⤋
First of all, a WRIT of Mandamus is an order of the court direction an OFFICIAL to do or not to do a particular thing. It has no power over a private person.
Secondly, while I AM an attorney, I would suggest not involving one at this time. Unless she has asked for money or other benefits, this is a civil matter.
So, here is what I would specifically suggest. The next time this woman mentions the child your husband should ask her why exactly did she bring this up now after five years.
IF, as I suspect, it is because she wants something such as support or money, he needs to tell her he'll think about it. Then he needs to contact the police and file a complaint of attempted extortion against her or at least file a complaint of harassment.
Let the police deal with her.
I just recently represented a couple who were victims of the same fraud as this sounds like. There was no baby and there never had been.
2007-06-01 02:23:37 · answer #2 · answered by hexeliebe 6 · 0⤊ 0⤋
Sounds shifty. If your husband is prepared to pay child support because he wants to be there for his potential child, call the child support enforcement office near you. Tell them that you (he) wants to be there for the child but wants a paternity test. It sounds shady that she doesn't want a lawyer present. She could possibly be afraid of him taking her child away. But if you want to be sure beyond a doubt go to the CSEA office and start paperwork. They will be able to find out any child she has and will serve her papers for child support hearing & paternity test. Its just swabbing her daughter's mouth.
Be wary though because it could be a way to get back into your husband's life..... or at least to his money.
2007-05-31 23:59:50 · answer #3 · answered by ash 3 · 0⤊ 0⤋
Absolutely use a lawyer and a DNA tests, have seen this before. This woman doesnt know who the dad is and is taking shots in the dark. Don't let your husband get rolled up into this!
2007-06-01 00:01:40 · answer #4 · answered by Army Retired Guy 5 · 1⤊ 0⤋
He needs to just take her to court and make her prove that there is actually a child. Birth/death records are available to the public so he should contact city hall where this child was supposedly born and see if anything exists.
2007-06-01 00:24:22 · answer #5 · answered by Ryan's mom 7 · 1⤊ 0⤋
File a motion for mandamus in court to order the woman to submit her child to DNA testing so that it will be determined if the child really belongs to your husband.
2007-05-31 23:56:11 · answer #6 · answered by FRAGINAL, JTM 7 · 2⤊ 0⤋
You bet .....if this is all a lie.....think of the stress you both have gone threw......Get a lawyer ...tell him/her everything.And this women will be court ordered to bring this child forth for testing.IF this child is not your husbands ,press charges,your lawyer will know what to do......and you both will find out once and for all if he fathered this child. Best to both of you
2007-05-31 23:58:53 · answer #7 · answered by Anonymous · 2⤊ 0⤋
she can not be punished unless she takes money from him and no child exists he should contact a lawyer
2007-05-31 23:56:22 · answer #8 · answered by Anonymous · 1⤊ 0⤋
You can fig out by taking the DNA test.
Gd luck on dealing with that slut.
2007-05-31 23:58:56 · answer #9 · answered by sharehelp 2 · 0⤊ 0⤋