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  • Child not mine

    A child was born to our relationship 2yrs prior to us getting married. we have since divorced. This child was never adopted by me nor does he has my last name. I'm forced by the courts to pay support on this child. A paternity order was done and it proves this is not my child. contact was made with the biological child. The ex got mad. Her reasoning to me is that I owe her this money for a failed marriage. We have been in front of the courts twice and will return again on Oct. 23, 2008. The courts claim that the child is a product of the divorce so therefore I am responsible for him. They claim I should have had that done when the divorce was filed. At that time I thought the child was mine. Everyone knows this child is not mine including the courts. She knows the court will let this ride as long as she doesn't step up. What should I do?

  • #2
    1. What state?
    2. Did you ever deny that this child was yours during the marriage or did you present this child as your child?
    3. You did or did not deny paternity of the child in your divorce filings?
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

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    • #3
      The state is Michigan and no I always claimed his as mine, because I thought he was mine. No I did not contest it in the divorce. However she can be a real woman and state this is not his son and I don't want to take his money.

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      • #4
        Originally posted by gettingscrewedbyex View Post
        The state is Michigan and no I always claimed his as mine, because I thought he was mine. No I did not contest it in the divorce. However she can be a real woman and state this is not his son and I don't want to take his money.
        So, you are the LEGAL father of this child as well as holding him to be your son to the public. Guess what? The court is not going to strip the only father this child knows simply because you don't want to pay for him anymore.

        You're Dad. The upside is that YOU'RE Dad, nobody else. Love your son. That's what he's always been. DNA doesn't necessarily change that. Think about it, if you weren't getting a divorce, would you really disown your son?

        You could be a real man and continue to love this innocent child as you have been doing.
        HOOK 'EM HORNS!!!
        How do you catch a very rare rabbit?
        (unique up on him)
        How do catch an ordinary rabbit?
        (same way)

        Comment


        • #5
          Originally posted by gettingscrewedbyex View Post
          The courts claim that the child is a product of the divorce so therefore I am responsible for him. They claim I should have had that done when the divorce was filed. At that time I thought the child was mine.
          You've been told correctly. The ONLY time you could have disputed paternity was at the time of divorce. You acted as the child's father both during the marriage and then during the divorce. That makes you the legal father, and the court will never take a child's father away from them.

          Do you have a visitation and custody order?
          If you don't, you need to file for one ASAP. That child knows you as Dad, and you should put your child's welfare above your own and be active in your child's life.

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          • #6
            Paternity Contest Under Separate Action

            You may be able to file under a separate action. A consultation with an attorney is usually free. You need to hire an experienced licensed attorney in this type of litigation. However, the following is from Michigan Compiled Statutes.

            Michigan Compiled Laws
            Chapter 722 Children
            The Paternity Act:

            Section:
            722.1011 Acknowledgment of parentage; claim for revocation. (1996)
            Sec. 11.
            (1) The mother or the man who signed the acknowledgment, the child who is the subject of the acknowledgment, or a prosecuting attorney may file a claim for revocation of an acknowledgment of parentage. If filed as an original action, the claim shall be filed in the circuit court of the county where either the mother or man resides. If neither of those parties lives in this state, the claim shall be filed in the county where the child resides. A claim for revocation may be filed as a motion in an existing action for child support, custody, or parenting time in the county where the action is and all provisions in this act apply as if it were an original action.

            (2) A claim for revocation shall be supported by an affidavit signed by the claimant setting forth facts that constitute 1 of the following:
            (a) Mistake of fact.

            (b) Newly discovered evidence that by due diligence could not have been found before the acknowledgment was signed.

            (c) Fraud.

            (d) Misrepresentation or misconduct.

            (e) Duress in signing the acknowledgment.

            (3) If the court finds that the affidavit is sufficient, the court may order blood or genetic tests at the expense of the claimant, or may take other action the court considers appropriate. The party filing the claim for revocation has the burden of proving, by clear and convincing evidence, that the man is not the father and that, considering the equities of the case, revocation of the acknowledgment is proper.

            (4) A copy of the order of revocation shall be forwarded by the clerk of the court to the state registrar. The state registrar shall vacate the acknowledgment and may amend the birth certificate as prescribed by the order of revocation.

            (5) Whether the claim for revocation under this act arises as an original action or as a motion in another action, the prosecuting attorney, an attorney appointed by the county, or an attorney appointed by the court is not required to represent either party regarding the claim for revocation.

            Perhaps, if you retained an attorney and he/she filed under the above, you could re-open paternity even though you signed an acknowledgment. Best advise consultation should be free or with a fee for a visit.

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            • #7
              Paternity

              Sorry so sad for all parties invovled. Especially the child.

              Good luck with whatever outcome.

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              • #8
                I got one I got married to my wife and found out she was pregant by another man and when the baby was born my name was put on the birth cerficate altho i didnt want it on it and now what do i do to fix it

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                • #9
                  Originally posted by domonic View Post
                  I got one I got married to my wife and found out she was pregant by another man and when the baby was born my name was put on the birth cerficate altho i didnt want it on it and now what do i do to fix it
                  As far as I know, she can't just put you on it...you'd have to sign something. However, since you were married, you're the legal dad. Not sure if you can challenge paternity now....how old is the child?

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                  • #10
                    As they were married and he is the legal father, yes his name was legally placed on the BC.

                    Domonic, if you want answers to your question, please start your own thread.
                    HOOK 'EM HORNS!!!
                    How do you catch a very rare rabbit?
                    (unique up on him)
                    How do catch an ordinary rabbit?
                    (same way)

                    Comment

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