My ex mistress had a baby. I signed a acknoledgement of paternity paper without reading what it was, was told it was a release form for the baby. She had it covered and I later learned the nurse that was a witness was a good freind of hers. I know it was stupid but I was in a hurry. Now I have been ordered to pay child support which I won't mind if the child is mine. Which I doubt. The baby look noyhing like me and the dates don't add up. Also she told my wife she was a virgin until she meet me so not true. Anyway I know I can still have a dna test done that I need to pay for but will I need a lawyer to patition the court so it's legal?
2007-08-29 01:40:42 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You can tell the court you were not married and you have doubts that the child is yours and ask them to order a test!
2007-08-29 01:45:25 · answer #1 · answered by cantcu 7 · 0⤊ 1⤋
If you get the child for any type of visitation, you can get a DNA test done without a court order. You just bring the baby to the lab and they will swab his mouth. It usually takes a few days to a couple of weeks to get the results back, and it will cost you around 300 dollars. If the DNA results eliminate you as the father, petition the Court to have your child support obligations terminated. You need some type of evidence that the child is not yours other than that the he doesn't look like you before you go back to Court. Otherwise, you will just piss the judge off, and if the child is yours, he will hammer you for wasting his time.
You also need to drop that crap about the nurse being a friend of your ex mistress. It is irrelevant to the fact that you signed an acknowledgement of paternity. If you signed something, it is presumed that you read it. Stop acting like such a victim.
2007-08-29 10:07:51 · answer #2 · answered by the hump 3 · 0⤊ 0⤋
Get the DNA results first. Once you have the results and you are not the father, then you can decide to petion the court through an attorney or on your own. Either way, the courts are going to relief you from the burden of paying for child support. If you don't wish to pay for the DNA test, you can join the Maury show for a free one.
2007-08-29 08:50:30 · answer #3 · answered by Leof 3 · 1⤊ 0⤋
I'd be pretty surprised if you could get a DNA test done, or that the results would make any difference to your child support obligation, after you already acknowledged paternity. You do need to see a lawyer.
2007-08-29 09:22:57 · answer #4 · answered by Crystal 4 · 0⤊ 0⤋
If you suspect the Child is not yours, then you should have a paternity test done.
But I would not base whether the child looks like you as the sole basis of paternity. Unless, of course if the child is of a different race, because that would make it rather obvious that the child is not yours.
2007-08-29 09:05:50 · answer #5 · answered by Anonymous · 0⤊ 0⤋
It all depends on which state issued the support order and paternity decree. Few states will allow you to have that decree set aside. (Maryland is one of the few I am aware of.) If your state won't allow it, proving that you are not the father will not remove your obligation to pay child support! You may very well be paying child support for years for a child you didn't father!
2007-08-29 08:48:46 · answer #6 · answered by connor g 7 · 1⤊ 1⤋
No just petition the court. The judge will order it.
2007-08-29 08:44:26 · answer #7 · answered by PATRICIA MS 6 · 0⤊ 1⤋
You will need a lawyer
2007-08-29 08:50:19 · answer #8 · answered by cherriwaves 3 · 0⤊ 1⤋