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A unique situation & victory for all of us fathers..

Started by tp316, Jul 30, 2004, 06:34:50 AM

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tp316

Heres the story.

2 months before marriage, then fiance cheated with a guy, I found out and was about to break it off. A couple weeks later she says she is pregnant, I ask is it mine? she says yes because she used condom(s) with the other guy. I state that if i find out otherwise we are done.  She swears it mine because she used "protection" when she made her mistake. I was torn because I didnt want to walk away from what could be my child and let it grow up struggling. So because she swore up and down it was mine we married.    Child is born, has some features of mine not that that matters. When I married the mom, I made the committment under GOD to be a Husband and father.  

Fast Forward to the present, after she comitted adultry twice  and had three kids to one of the guys, I filed for divorce and full custody of our daughter, At the temporary hearing, my attorney sliced and diced her and her attorney and the judge awarded me custody, she has to pay me child support and although she resides with the father of the 3 kids, he is not allowed to be around when our daughter visits...  Now get this, the same day after the hearing, her attorney sent a fax asking if I would take a dna test.  My attorney declined, so now her attorney filed a motion trying to get the court to make me take one because they lost badly in court and now she has to pay child support. Think about it for a second, at the temp hearing this issue of paternity was NEVER MENTIONED by her or her attorney and that if they would have won, I would have had to pay.  

Since previous to marrying this women, I never questioned the paternity issue and have raised our child since day 1. The judge seen that and the award was just...  If you can, can you give me your opinion on this type of scenario, where there could be some doubt, but I stayed the course and did not try to get out of it, was awarded custody and support, and now the mom wants to petition the court to  MAKE me take a test just to get out of having to pay support.  Like I said this was kinda unique...

Thanks

purrrfectgirl

What state are you in?  Some states have laws that if you were with mom when the child was born, then it is your obligation bioloically or not.  In Ohio, you can get out if DNA does not match.  But even if it doesn't match, if you choose to be the parent, because you were from the get go, the courts will not force you out of the child's life and will probably leave CS and custody as it stands.  But I don't know that she can force DNA test.  There's no question the child is hers, and you have no doubts the child is yours so there is no need for a DNA test.

tp316

>What state are you in?  Some states have laws that if you
>were with mom when the child was born, then it is your
>obligation bioloically or not.  In Ohio, you can get out if
>DNA does not match.  But even if it doesn't match, if you
>choose to be the parent, because you were from the get go, the
>courts will not force you out of the child's life and will
>probably leave CS and custody as it stands.  But I don't know
>that she can force DNA test.  There's no question the child is
>hers, and you have no doubts the child is yours so there is no
>need for a DNA test.

Thanks for replying,

Im in Georgia.

I believe its her and her attorneys attempt to get her out of paying support by trying to making a child a bastard.. Pretty low and definetly not thinking about the best interest of the child..

msme

may well be a landmark decision. I imagine a lot of men will be watching to see how the courts handle this. With all the paternity fraud going on, & all the bias, This decision will speak volumns.

Good luck & God bless, our prayers are with you & your child.


You never get a second chance to make a first impression!

tp316

>may well be a landmark decision. I imagine a lot of men will
>be watching to see how the courts handle this. With all the
>paternity fraud going on, & all the bias, This decision will
>speak volumns.
>
>Good luck & God bless, our prayers are with you & your child.
>
>
>You never get a second chance to make a first impression!


Thanks much,

The thing is is I have no idea if this was an attempted paternity fraud or not,  but if it was, it BACKFIRED on her and now she is the one that is ordered to pay cs for the fact that in this case the best interests of the child is with me.

Peanutsdad

Now aint this a hoot.


In my own case,, after I was awarded custody of my 2 yr old daughter my ex TRIED to play the "you aint the daddy" routine AFTER I was awarded custody.

I was already declared the legal father, I had BEEN paying cs because she filed a case and now SHE had to pay cs since I had custody now.

The judge in our case asked me if I wanted a dna test, I declined.

( Yes I did a dna test on my own, I wont reveal the results here tho.)

So,, here, if you ARE the legal father it was left up to me on the dna test.




tp316

PeanutsDad,

Our situations are quite similar.   I WAS the father if she won and i had to pay her, Now  because i won, now Im not  the father blah blah.

I am quite legal, name is written everywhere that has to do with that little sweetheart.

Peanutsdad

hehehehe,

Same here. All she accomplished in court was making herself look like a 'moneygrubbing 'ho.

The judge got rather irritated and told her that she thought I was good enough to be dad when SHE was collecting cs from me.