A woman I use to date when I was 20( I am now 34), had a child, she told me she cheated on me, and told me it wasnt mines(the other guy signed the birth certif., and married her), 14 yrs later she, still married btw, is trying to take me to court to prove paternity, and maybe child support. The summons claims the grandmother who is taking me to court, haves custody, but the child STILL lives with the mother which I know for a fact. Can she, actually the grandmother do this?
2007-12-25 09:02:52 · 10 answers · asked by Jerless M 1 in Politics & Government ➔ Law & Ethics
In Oklahoma you would not be liable because the other man signed the birt certificate. After 1 yr. even if DNA test proved he was not the father he would be responsible.
Friend of mine was told by his ex wife that his youngest daughter is not his but he still pays child support because he did not find out untill the girl was 5. The ex is now married to the man they say is the father. You need a lawyer.
2007-12-25 09:18:24 · answer #1 · answered by Charles C 7 · 0⤊ 0⤋
If your ex is married to this other guy and his name is on the birth certificate you should be free and clear; especially if the paternity test proves it's not yours.
However, if the paternity test reveals you are the father, you may have a problem, in that case I would find an attorney. Again the time limits involved may work for you though.
I know I will get many thumbs down for this, but if it's not yours you could always sign your rights away if your ex agrees. I really don't see how her grandmother has any legal ground to pursue action against you. Best of luck.
2007-12-25 17:11:09 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you are court ordered to take a paternity test then you must. After the test establishes you as Father (if it does) then you can seek custody are argue against support and your reasons why. You will also have rights to visit the child. I would advise you to find an Attorney if you are established as this child's Father
2007-12-25 17:15:25 · answer #3 · answered by Anonymous · 0⤊ 0⤋
YES At some point she has been appointed ward of the child. If there is a point of law and she has sworn under oath that the child is yours, Then you can be summoned for a paternity test. If the child is yours then you will have to pay support. When it was, does not matter.
2007-12-25 17:09:18 · answer #4 · answered by nutsfornouveau 6 · 0⤊ 1⤋
No, the child isn't yours as it was claimed to be another man's. They can't force a paternity test on you, either.
If a paternity test did show you as the biological father it wouldn't matter as all rights as its father were removed from you at its birth (but you shouldn't willingly agree to take one anyway). If, however, you wished to claim the child then you could take action to do so, but since the child was legally claimed by another then that can't be forced on you.
2007-12-25 17:07:27 · answer #5 · answered by Anonymous · 1⤊ 0⤋
She indeed can , but it won't stand up in court ,there would have to be a DNA tests run to prove that is indeed yours. If you can prove that the child still lives with its mother , then she has to have you summons to court, and sill have the tests.
2007-12-25 17:48:41 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Whomever has legal custody can petition a paternity test. If you turn out to be the father they can ask for child support.
2007-12-25 17:07:25 · answer #7 · answered by Anonymous · 0⤊ 2⤋
If the Grandmother has legal custody then she can take you to court, get a DNA test and if it is yours support it.
2007-12-25 17:06:42 · answer #8 · answered by Heaven J Daddy 4 · 0⤊ 2⤋
You need a lawyer who can give you the proper guidance of what the law in your state says.
2007-12-25 17:15:26 · answer #9 · answered by BOHICA 3 · 0⤊ 0⤋
wait till the court asks for DNA testing ( and they will ) otherwise YOU pay for it out of YOUR pocket. When they ask for you dont have to pay
2007-12-25 17:16:00 · answer #10 · answered by Anonymous · 0⤊ 0⤋