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Paternity Law Issues relating to establishing and disputing paternity, DNA testing, and associated matters.

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Old 01-14-2005, 05:04 PM
MarkW MarkW is offline
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Default May A Mother Waive Her Rights To Seek a Paternity Determination
Well I'm sure you have heard this before. I had a one night stand with a girl. She had a fiance. She got pregnant probably not by me but there is a slim chance. He knows and is going to sign the forms. My question is there a form or could she sign a statement that says she would never test me. I am here now and want to take care of this. I do not want it to come back years down the road. I agree with both of them that it would be better If I just forgot Because I do agree the child would be better of being raised by them. Please help me I am at my wits end.
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Old 01-15-2005, 05:03 AM
Anonymous Anonymous is offline
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Default Paternity Testing
If the mother and her fiance voluntarily identify the fiance as the child's father, whether by affidavit or court order, and is identified on the birth certificate, it is difficult for them to try to name a third party as the father at a later date.

It would benefit you to have a letter or some other writing, signed by both the mother and her fiance, indicating that they are aware of the possibility that you are the biological father, but that they nonetheless are going to proceed on the assumption that the fiance is the father and do not want any paternity testing conducted. That would make it difficult for them to later raise the most common challenges to paternity, in the event that they change their minds - he couldn't claim fraud or surprise, and she couldn't claim mistake, because they would have acknowledged up front the possibility that you are the biological father.
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Old 01-15-2005, 08:41 AM
MarkW MarkW is offline
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What would happen in the event that they broke up before the birth. I want to look at every possible angle.
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Old 01-15-2005, 03:29 PM
Anonymous Anonymous is offline
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Default Paternity
If they break up before the birth, you might end up being called upon to take a paternity test to resolve the question of parentage.
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