My child was born to my fiance and I 4 months ago. He is uncertainly the child's father and signed and Acknowledgement of Paternity without question. I have an ex who I was no where near for months and months before I conceived and is taking me to court for a request for a DNA test. I have sonograms dating my pregnancy which clearly shows that the ex cannot be the father. What rights do I have? Do you think this ex will suceed in getting the test even though I have the AOP and all the scans with dates and all??? Thanks for your advice!!!
2007-12-13 11:55:45 · 4 answers · asked by mom-to-my-boy 3 in Politics & Government ➔ Law & Ethics
He might have legal grounds to a paternity test but that decision is always left to the judge. A judge might tell you that if you're so certain than it would not be a problem. What is there to lose? It might actually be better to handle it out of the court in case you actually do believe that there is a possiblity. Please do not take any offence. I would never judge. From a sista to a sista. If he really is not the father prove it to him and get the loser out of your life so that you can get married
2007-12-13 12:11:23 · answer #1 · answered by sugarbear 1 · 0⤊ 0⤋
1. how can they make him pay for the birth when he was in the Marine Coprs at the time, and so was the man this girl was married too? The government paid for it either way as they had Tricare! Do you have PROOF she was covered under Tricare? If she wasn't married to him long enough when he filed for divorce then she wouldn't have been covered. Besides if they got married just before the baby was born then Tricare wouldn't have kicked in. 2. being that he had the paternity test done when the child was 9 months old, but has never signed a acknowledgement of paternity form, does it make a difference as far as how far they will go back for child support? He doesn't HAVE to sign acknowledgement of paternity the DNA already prooves he is the biological father and that means he owes back child support. 3. She wants him to pay support, but not let him have visitation. Can she do that? She is saying that because he has not established a relationship with the child that the child should not have to come to our home in Virginia. She wants supervised visitation to take place in Maine. Will they really do that? He hasn't done anything for there to be a need for supervision... Child support is NOT payment for visitation rights. He KNEW he had a child 9 months after she was born, he obviously has made no attempt to establish a relationship for 10 years. If he WANTED to establish a relationship it would have been encumbent upon HIM to go to where SHE lives for visitation. How does the mother know there is no need for supervised visitation when for 10 years he hasn't had an interest but now that he is being sued for child support he wants visitation, that in a court of law sounds suspicious, I don't blame her for wanting supervised visitation. She doesn't know what he is capable of. 4. Are they going to make my husband out to be the bad guy in all this because he hasn't paid support or been a part of the child's life up to now? It was kind of hard to do all this when he had no idea where they were! I don't want him to be considered a dead beat dad here. I think that her character should come into play in this as well. Well he is the bad guy. You say he was in the Marines, and she married into the Marines...He could have looked for her through the Marines. Besides, it's not HER fault he didn't bother to get any information about her. He CHOSE to dip his wick he should have at least gotten her name. You claim that she didn't want to be found and yet she was married to a Marine. SHE wasn't hiding. He never needed to know where she was since child support goes through the legal system (the court). Stupdity isn't an excuse.
2016-05-23 11:10:05 · answer #2 · answered by ? 3 · 0⤊ 0⤋
He has legal grounds to ask for a DNA test. If the child is 4 months old and you are sure the child is not his; why not just do the test? He can pay for it. Just make sure it is a legal test ordered through the courts.
Or do you have something to hide?
If you are like my ex, get ready for a long fight. I've been figthing more then a decade.
2007-12-13 20:18:03 · answer #3 · answered by Anonymous · 0⤊ 0⤋
As of now, your fiance is the LEGAL father. What exactly does the ex-boyfriend want? Is he trying to get custody of the child? He MAY back off if you point out that if he WAS the father, he would OWE child support. If you are certain he is not, let him pay for a DNA test to prove it. If he is just trying to stay in your life, this is Exhibit A when you sue HIM for harassment.
2007-12-13 12:08:19 · answer #4 · answered by STEVEN F 7 · 0⤊ 0⤋