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  1. #1
    Join Date
    Mar 2012
    Location
    NJ
    Posts
    2

    Default How to Disestablish Paternity if Your Ex Starts a Custody Fight

    My question involves paternity law for the State of: California

    Before finding out i was pregnant, i had left my abuser whom i was with for 6 years. I had wanted to move on and get him off my mind so i had a one night stand with a friend. Soon after, about a month later i became aware i was pregnant. I was not expecting this to happen since protection was used, but i rolled with the punches and decided to keep my unborn child. I told this friend what was going to happen and he was totally scared, but told me he wouldn't be that asshole. He said he would help anyway he could but that he did not want to be a father.He left my apt. the next morning and told me he was going to discuss this issue with his parents. I went to my doctor's appointment gave them my date of last menstrual cycle and they confirmed date of conception was around the time i slept with the friend. I had not slept with my ex a month before i broke things off with him. So i had already believed the friend to be the father not my ex. Long story, short this friend told me after speaking with his parents he was not the father and to never contact him again. I was still in contact with my ex because he refused to let me go, so i thought it would be best to tell him the news before word traveled to him that his former friend had impregnated me. He flipped out and i was in fear for my safety so i had called the police to see about a possible restraining order against him. In california this is not easy to obtain, i had a police report but never officially received to TRO. A week later i left to the east coast for the holidays to see my family and report my new news. My ex was non stop calling and harassing me during the two weeks i was there. I was extremely emotional and he began to say sweet things and that he didn't care if he wasn't the father he still wanted to be in my life and father my child. I fell into his trap and slowly started seeing him, but wasn't committed to being in a relationship unless he was willing to step up and really be supportive, he began to show me he really wanted this life so we moved in together and he believed he was the father so he was there at the time my son was born. I was under the influence of pain meds when i had to sign the birth certificate, and he was pressuring me into writing his last name...so i did. Things were really good for the first 2 months because he was never around due to work, but his hours started depleting so i was forced to go back to striping to support the three of us. He was emotionally abusive and sometimes physically, i hit the breaking point one night after work and tried calling home for help, but he made me get off the phone, my family called the police and when they arrived they urged me to leave him but no charges were pressed. i left to stay with a mutual friend the following morning and that night she drugged me with ghb(date rape drug), beat me up very badly leaving me with a concision, neck/spine sprain and had sexually assaulted me. while i was unconscious my money, jewelry, sons documents and belongings were stolen, my son had been placed outside wearing no clothing, and when i came to there were two other people there i hadn't seen before. The police had shown up because neighbors called but i had appeared to be intoxicated so they left me there with my attackers. I have received absolutely no help from the police, so i fled to the east coast with my son and the clothes on our backs. I did file a restraining order against my ex and the friend whom assaulted me.(in NJ) I went to the final hearing and was served with custody papers from my ex, and he had a big time attorney appear on his behalf. It was adjourned to two weeks later until he can appear. I just want to be safe and not have my son be in harms way again he is very scared and so am I. I am still receiving threatening messages from mutual friends and my abusers, what can i do to get both possible fathers to submit paternity so i can establish who his actual father is and get his last name changed.
    I just want my life back. I do not want to have to go back to Cali where i will be in harm.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,116

    Default Re: How to Disestablish Paternity if Your Ex Starts a Custody Fight

    Your child is now how old?

    How long ago (months/years) did you execute the affidavit of parentage establishing paternity?

    You are presently in New Jersey, with the custody litigation pending in that state, and have been there for how long?

    It appears from your post that you were not married to that person - but please confirm.

  3. #3
    Join Date
    Mar 2012
    Location
    NJ
    Posts
    2

    Default Re: How to Disestablish Paternity if Your Ex Starts a Custody Fight

    My son will be 7 months on the 6th of march. We signed the affidavit two days after i gave birth in the hospital, but i had very high blood pressure so i was on medication and pain meeds for several days following my delivery it was so bad i got to stay in the delivery room i was never moved. I am presently in NJ i fled on feb 5th. I filed the TRo's in NJ and when i went to the final hearing i was served with custody papers from an attorney in California. My son was born in CA. The Final hearing was adjourned to March 14th.
    I was not married to my ex.

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