I'm an ex-boyfriend of a mother of three, which claims that I am the father of her oldest child. I've been struggling since I was ordered to pay child support for the child. My name is on the birth certificate, I was there when she was pregnant, and there at the hospital. But I want to know for certain that the child is actually mine. During a heated argument, she went off and said that the child wasn't mine, and I've had doubts since then. She only put me on child support because she knows I was willing to do everything I can when I thoutht that the child was mine. But now I need to know for sure. In the state that I'm in, I can not get legal aid, because she was represented by them and they don't go against there own clients. I need help, because lawyer's fees are too high, and if I had that kind of money I wouldn't be worried about if the child's mine. And when her second child was born, I was there, and requested a DNA test at the hospital, but was denied because, she left the hospital and told me that the child wasn't mine. The same way with her third baby too. With no driver's license, from Arkansas.
mommyof4
02-25-2009, 05:01 AM
How long has it been since legal paternity was established?
arkboy1500
02-25-2009, 06:50 AM
When I first signed the petition for a DNA test was in 2004. But within the thirty days they gave me after I signed it, I went to jail. Because If I didn't pay 180 dollars in 30 days, they would make me the father by default. How can I get a test still???
mommyof4
02-25-2009, 08:33 AM
When I first signed the petition for a DNA test was in 2004. But within the thirty days they gave me after I signed it, I went to jail. Because If I didn't pay 180 dollars in 30 days, they would make me the father by default. How can I get a test still???
With what you have posted, you can't. This is your child.
arkboy1500
02-25-2009, 01:59 PM
You mean that I couldn't request for the test although, in the state of arkansas, the law requires for the test to be done. Under poor circumstances, I was in jail and unable to fork out the money for the test. Yet, still I want to prove I am not the father of the child I am paying for.
mommyof4
02-26-2009, 11:43 AM
You mean that I couldn't request for the test although, in the state of arkansas, the law requires for the test to be done. Under poor circumstances, I was in jail and unable to fork out the money for the test. Yet, still I want to prove I am not the father of the child I am paying for.
The state does not REQUIRE a DNA test. You legally established paternity (you had to have, as you have a child support order) and you have never challenged paternity in the past 4-5 years. Even if you were a candidate to attempt to disestablish paternity, the amount of time that has passed since you have held the child to be YOUR child and accepted your legal standing as father to this child would prevent a court from ripping the only father this child knows out of his life.
Understand now?
You don't want to pay child support, therefore you are willing to sacrifice this child to get out of the monetary obligation. You had no problem accepting this child as yours until you were legally ordered to do help support the child.
This statement says it all.
if I had that kind of money I wouldn't be worried about if the child's mine.
I'm telling you, again, that based on what you have posted, you don't have a case. If you want to speak to an atty about this issue (so that it can be explained clearly, face to face...the Arkansas code website is running super slow, so I couldn't pull up the actual codes that pertain to your situation) go through your phone book and look for attys that offer free consultations.
arkboy1500
02-26-2009, 03:02 PM
It's not that I had a problem with taking care of the child. I have a problem with taking care of a child that is not mine. I really don't have any money. How do a woman have a baby by a man she knows would not be a provider for her and the baby? No one is that dumb. She wanted revenge for what some one did to her in the past. I am not supposed to take care of another man's child. The DNA test would prove that under all these situations, the truth is laying right in the center of the actual dispute. She don't have custody of the child that I'm paying for. Her mother does. I was 17 when I signed the birth certificate. She couldn't get child support on her own from me and her mom has been around in this world a little longer and knew exactly how to screw me around legally. She don't get the support because she has two other children besides the said child. She was spotted by one of my friends when she was pregnant with 4 other men in the apartment complex where she used to stay. Listen to this, when I confronted her about it, and told her who told me about her. My friend was a girl, who stayed at the same apartment complex, and she called me saying "your girl friend tried to fight me and stab me with a knife!" That's how I know my friend was telling the truth. She wanted to kill her because she exposed the truth to me. Me being young and dumb stayed with her for 4 years, and between those years she had two kids, and was pregnant with her third baby, when I finnally decided to leave her. Because, there's no way I got her pregnant, on any occasion. No matter how hard she tried to convince me she was faithful. She knew I know what her step dad was doing, and I tried to help her. She just spit in my face. She was a rape victim. She has ADHD. And she uses drugs. There should be someone who can help me in this situation. Because her mother is the Coach behind the decision of making me pay child support, because she failed as a mother to all 5 of her kids for being in an abusive relationship with this girl's father. And wanted to hurt a man also. But there is so much ONE MAN can take. I will find a lawyer. And I will prove my innocence. GUILTY OF BEING fathering a baby, until proven INNOCENT.
-Thank YOU
CarynG
02-26-2009, 07:23 PM
Arkansas Code 9-10-115(d)(1) states that after a 60-day period has lapsed following your voluntary acknowledgement of paternity, the only way you can withdraw your acknowledgement and contest for a DNA test is by showing that you signed it as a result of fraud, duress, or "material mistake of fact." I'm guessing you would go with fraud here. It's your responsibility to prove that you were defrauded. You can contact the Division of Vital Records of the Department of Health for the necessary forms. If you are granted a DNA test and it shows that you are not the father, your child support obligation will be removed.
Subsection (e) notes that you are entitled to only ONE DNA test - if you have already followed this process and failed the execute the DNA test as your earlier post indicates, then it seems you are out of luck.
(Go here (http://www.arkleg.state.ar.us/SearchCenter/Pages/ArkansasCodeSearchResultPage.aspx) and follow the links from Title 9, Chapter 10, Subchapter 1, Section 115 - this is what I'm citing.)
You were (and are) entitled to DNA tests for the other two children, as well. Too bad you weren't as eager to research and exercise your rights in that regard as you are in this.
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