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

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Old 04-26-2009, 01:37 PM
trifun_snickers trifun_snickers is offline
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Default False Paternity Accusations 7 Years Later
My question involves paternity law for the State of: Michigan

My boyfriend dated a girl 8 years ago and back then she claimed she was pregnant a week after they met. So, he went along with everything trying to do the responsible thing. At the doctor's office, they were both told there was no way he was the father due to the timing. She was told she was two months pregnant and they had only met a week prior. At that time, my boyfriend asked her for a paternity test, but instead she conceded to him that she was with somebody else up until the day before they met. From that point on he decided to keep dating her because he felt sorry for the fatherless child and her. However, the relationship soon deteriorated and she always told him he had no rights becuase he wasn't the father anyway. At the child's birth though, he had signed an affidavit of parentage and sort of adopted the child. When they broke up, he signed over his rights as the legal father and she ended up marrying a guy shortly after. Now, 7 years later, she resurfaced in his life. She contacted me thinking I was him and accused him of being the father. When she found out it was not his account, but mine, she told him he lied to me and he is indeed the father of this child. My boyfriend and his familly are positive that is not the truth, but he wants her to go away and stop harrassing him. She has completely tried to ruin his life and I think will continue to do so. There was no paternity test done back then. Can my boyfriend ask the judge for a paternity test to clear his mind and make her go away? She has a history of violence and both of us are scared because she has made threats and has bad intentions for our relationship. She is married and her husband adopted the child as his own. My boyfriend knows that he has no custody rights or anything, but he doesn't want that. He just wants medical proof that the child is not his. She refuses to take a test, but continues to harrass. Can a judge force this test without her consent? Please help me!
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Old 04-26-2009, 08:41 PM
LawResearcherMissy LawResearcherMissy is offline
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Default Re: False Paternity Accusations 7 Years Later
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At the child's birth though, he had signed an affidavit of parentage
...thus committing fraud. Not a good decision.

Quote:
When they broke up, he signed over his rights as the legal father
How? The courts don't just allow you to "give up your rights". In what fashion did he "sign over his rights"? Did he give permission for her new husband to adopt the child?

Quote:
She is married and her husband adopted the child as his own.
Did he ACTUALLY adopt the child?

Aside from the fact that it's impossible for him to be the father of the child (this is simple biology!), if the child has been legally adopted, I don't think your boyfriend has grounds to ask for a paternity test.

He needs to have chickie-pie served with a cease and desist letter, and if she continues to harass him, file for a restraining order.
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