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Can he do this after all these years?

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  • Can he do this after all these years?

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  • #2
    re: Can he do this after all these years?

    Signed birth certificates, signed decree saying he is the biological father and has been paying child support for 11 yrs??

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    • #3
      Re: Can he do this after all these years?

      We cannot check law specific to your state, without knowing it. Generally speaking, no state I am aware of will allow a man to disavow paternity after such a long period of time, regardless of DNA.
      Due to a recent promotion, I should now be referred to as Major Obvious.

      I would not be trying to provide information and knowledge if I did not sympathize.

      Some days it is just not worth chewing through the restraints to face life.

      Comment


      • #4
        Re: Can he do this after all these years?

        Originally posted by candycane View Post
        I was never married to this man but was with him for 15 yrs and we have two kids together 13 and 9 and we are no longer together and we have a decree and he signed off on it and it says he is the biological father we had no dna done and he has paid child support for at least 10 yrs we split because of domestic abuse and about 5 yrs ago he took me to court to take the kids from me I have no criminal back ground or anything my kids are always first and always have been so I was devistated now that his child support is going to be raised he now wants a paternity test done on the kids can he do this???? after this many yrs and yrs of paying already child support signed birth certificate and signed decree saying hes the father??

        After this length of time, there is no prayer of reversing the history of his being father to the children. Even if the tests came out that he is not, the courts would not reverse not just for his admission years ago but because of the negative impact it would have on the chldren.

        You should be represented by an experienced family law attorney to get the motion denied and his petition dismissed.

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        • #5
          Re: Can he do this after all these years?

          Can he do dna testing with out my knowledge? I just feel my children have been through enough with there dad and its like pulling teeth for them to go on his weekends and he keeps up on his everyother weekend I just feel that this would be the worse thing ever for there future and make thing way more difficult.. I just want what is best for them it just really agrevates me that now after all these yrs.. Now?? I do have a great attorney and we have not yet got the petion to distablish paternity just threats and I honestly just think this is him trying to stall the child support?? His lawyer is a collection agency lawyer so I really dont think he knows much in family law Also I truely think his new girl friend is pushing this because they just had a baby together and there both 40 and she's alreay got 5 kids all with different dads so idk why she would want to mess on my door step she should start with hers right??

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          • #6
            Re: Can he do this after all these years?

            Depending on state law, paternity is usually a mute point. He had the option to disaffirm paternity, many years prior and chose not to do so.
            Due to a recent promotion, I should now be referred to as Major Obvious.

            I would not be trying to provide information and knowledge if I did not sympathize.

            Some days it is just not worth chewing through the restraints to face life.

            Comment


            • #7
              Re: Can he do this after all these years?

              Originally posted by candycane View Post
              Can he do dna testing with out my knowledge? I just feel my children have been through enough with there dad and its like pulling teeth for them to go on his weekends and he keeps up on his everyother weekend I just feel that this would be the worse thing ever for there future and make thing way more difficult.. I just want what is best for them it just really agrevates me that now after all these yrs.. Now?? I do have a great attorney and we have not yet got the petion to distablish paternity just threats and I honestly just think this is him trying to stall the child support?? His lawyer is a collection agency lawyer so I really dont think he knows much in family law Also I truely think his new girl friend is pushing this because they just had a baby together and there both 40 and she's alreay got 5 kids all with different dads so idk why she would want to mess on my door step she should start with hers right??
              He can do whatever testing he wants when he has the children. But his chances of skittering out of paternity now is a dead issue.

              Thank heavens he has a collection agency lawyer. Your lawyer should teach him, quickly, one or more of the tenets of family law.

              It sounds like he landed himself a real winner. On all counts.

              Comment


              • #8
                Re: Can he do this after all these years?

                He's only trying to scare you into dropping the petition to increase his support. It's unlikely the court would even entertain him after all these years. Even if they did, he's the father, correct? Then there's nothing to worry about. He'll have to pay for the test out of his pocket, and he'll still end up "being the dad" and be required to support his children.

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                • #9
                  Re: Can he do this after all these years?

                  He can petition for paternity if he wishes, hell have to hire an attorney to do so.

                  Comment


                  • #10
                    Re: Can he do this after all these years?

                    After all this I would like to take him to court what can I do.. Emotional distress? on me and the kids? Harassment?

                    Comment


                    • #11
                      Originally posted by candycane View Post
                      After all this I would like to take him to court what can I do.. Emotional distress? on me and the kids? Harassment?
                      Are you kidding? Why would you insist on dragging this mess out any further?

                      You already know he can't do anything to disestablish paternity or get out of paying child support at this point. If the court deems it warranted, the child support will be increased. He is only creating his own drama and mess, and you should just sit back and silently enjoy the show.

                      Stop playing games and leave things be the way they are going.
                      "If it ain't in writing, it never happened."
                      "A lack of planning on your part does not constitute an emergency on my part."
                      "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

                      Comment


                      • #12
                        Re: Can he do this after all these years?

                        Im just tired of him taking me to court everytime he gets a hang nail and just want all this to be done

                        Comment


                        • #13
                          Re: Can he do this after all these years?

                          Your job as the more responsible adult is to not let it affect your children, by advising them of the games.
                          Due to a recent promotion, I should now be referred to as Major Obvious.

                          I would not be trying to provide information and knowledge if I did not sympathize.

                          Some days it is just not worth chewing through the restraints to face life.

                          Comment


                          • #14
                            Re: Can he do this after all these years?

                            Originally posted by candycane View Post
                            Im just tired of him taking me to court everytime he gets a hang nail and just want all this to be done
                            Judges weary quickly of seeing the same litigants before them, time after time, on minor issues or issues no merit whatsoever.

                            Sanctions, in the form of fines for bringing a matter without merit is a remedy that often chills one's ardor for courtroom dramas. The parallel to Federal Civil Rule of Procedure, 11, has pretty much been adopted by all the states. Each time an issue is brought in bad faith or without merit, one can reply for sanctions to be awarded .

                            Comment


                            • #15
                              Re: Can he do this after all these years?

                              Originally posted by candycane View Post
                              Im just tired of him taking me to court everytime he gets a hang nail and just want all this to be done
                              THIS is the best course of action when that happens:

                              Originally posted by Friend In Court View Post
                              ...Each time an issue is brought in bad faith or without merit, one can reply for sanctions to be awarded .
                              Yes, EACH TIME he brings you to court for something petty or unnecessary, I would be asking the court to request sanctions for a petition filed in bad faith. That can include a request that he pay YOUR attorney fees when you are forced to fight such a petition.

                              The judges get really tired of hearing the same crap over and over again. They should be a last resort instead of the peacemaker. Sometimes they will sanction just because of how sick they are of it all, but it's best if YOU ask for it.
                              "If it ain't in writing, it never happened."
                              "A lack of planning on your part does not constitute an emergency on my part."
                              "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

                              Comment

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