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Help..fiance being denied paternity test! - Page 2

post #21 of 24
I skimmed over all these posts. I didn't read them all in detail, so please forgive me if some of this has already been answered.

1. If they weren't married and this is the first time she's tried to get the courts involved in their child's case, then she can be forced to prove he is the father. BUT since he did sign the birth certificate, then he may be S.O.L. Why would he sign it without verifying first??

2. The courts are going to want some pretty good answers from him as to why he never legally sought visitation or joint custody of this child. If he counter's her claim for support with a paternity test, then finds out the child is his and persues visitation or joint custody, the court may not be inclined to give him what another father in his position may receive.

3. He needs to ask himself, does he want to be this child's father or not. If so, then leave the paternity test issue alone. Who cares who donated the sperm.

4. My husband's daughter may not be his. His wife at the time had numerous affairs. He did the math and realized he didn't have sex with her a month before and a month after the time of conception. She threw a fit and he finally accepted the child as his. She's nine now. He has never had any doubts about this little girl. Two years ago her mom tried to bring up the affair and tried to say she was going to take her from my husband because she didn't want to share her with me. The therapist and our attorney explained to her that once she requested child support, my husband signed paternity papers, and she declared the child in the divorce, she sealed my husband's paternity of this child. You may have this problem one day down the road, but it will only backfire in mom's face for putting the child through it.

5. Lastly, did you read about the woman who had an affair with Scott Peterson in CA??? She went through the same thing your fiance is going through. She decided to file for child support of her 4 year old daughter. The assumed father demanded a paternity test. It found that he was not the father and it was some married guy of a bar called Porkey's lol. That was a slap in the face for miss goody goody. Anyhow, he was relieved of any child support obligations and now they are going after the other father. Difference here is that I don't think the boyfriend ever signed the birth certificate.

This whole certificate thing is new to me. My son was born 15 years ago. They asked me who the father was and I could have put the president of the united states for all they cared. Funny how things have changed.
post #22 of 24
Your fiance is unable to get a paternity test because he signed a paternity affidavit to be able to sign the birth certificate of a child born out of wedlock. My ds's father signed one and it basically says that he admitted he was the natural father of that child. On the back of the paternity affidavit it even says that it is a binding legal contract and the courts do not need any other proof of paternity to assign custody, visitation and child support.

Your fiance definately should have read everything carefully before signing and should have requested the paternity test first. However, since that is all done with I'm not sure if he can get one now or not. I would definately hire a lawyer to find out. As it is now though he is legally the child's father because he signed the affidavit.
post #23 of 24
If he wants paternity testing done just for his own mind, there are at home paternity tests. It won't mean anything to the courts, but at least he'll know.
post #24 of 24
the avvidavit (sp?) my now dh then dp signed said he was accepting parental responsibility barring any new knowledge. we did do the at home paternity test- it only cost about 175 and dh is baby boys papa- like i knew!!
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