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  1. #1
    Join Date
    Jul 2010
    Posts
    3

    Default How to Disestablish Paternity After Divorce

    My question involves paternity law for the State of: New Hampshire

    My ex-wife has a son who I thought was mine when she had him. Turns out, he is not mine. I never suspected until my current girlfriend asked about his eye color. Turns out, she was right, kid is not mine. I have very limited contact with the child and no real connection with him as he is autistic and does not really make emotional connections. His mother left the house when he was about 3 months old and the reason for divorce is "abandonment" on her part.

    Can I still disestablish paternity and stop paying child support? What is the age limitation. I have contacted a lawyer, but he cannot see me until next Friday and I am too anxious to wait until then to know.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    14,585

    Default Re: Disestablish Paternity

    How old is the child?

    How did you determine that the child is not biologically yours?
    I'm not a lawyer, but I play a researcher on the internet!
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  3. #3
    Join Date
    Jul 2010
    Posts
    3

    Default Re: Disestablish Paternity

    Quote Quoting LawResearcherMissy
    View Post
    How old is the child?

    How did you determine that the child is not biologically yours?
    He is almost 4. I did an online DNA test, it came up with a 0% chance at me being the father and then we went and did a DNA test at a doctor's office/center which is considered to be legally acceptable- same result.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    19,271

    Default Re: Disestablish Paternity

    Quote Quoting KJames
    View Post
    He is almost 4. I did an online DNA test, it came up with a 0% chance at me being the father and then we went and did a DNA test at a doctor's office/center which is considered to be legally acceptable- same result.


    It won't be legally acceptable.

    The court will need to order a DNA test.

    How long have you been divorced?
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  5. #5
    Join Date
    Jul 2010
    Posts
    3

    Default Re: Disestablish Paternity

    I will be divorced one year in October.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,024

    Default Re: Disestablish Paternity

    From what I've seen so far, the courts of your state (like most others) don't seem particularly receptive to post-divorce efforts of a father to delegitimize a child. See, e.g., Watts v Watts, 115 N.H. 186 (1975); McRae v McRae, 115 N.H. 353 (1975). I suggest consulting a family lawyer.

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