What is recourse for duped dad?
My husband had a child from a previous relationship in 1999, signed the birth certificate and aknowledgement of paternity, and has paid $200 a week in child support since then. There were rumors that the child was not his in 2001, so he went to court in Kentucky (Jefferson County) and asked the judge to order a DNA test. The judge denied it that time and subsequent times (2003, 2005) to order the test. We finally saved up enough money to get the test ourselves ($550) through the DNA Diagnostic Center, and the test was negative! We went to court with a lawyer to get the child support lifted and the paternity aknowledgement thrown out and she (the judge) denied our motion.
My husband and I have suffered great financial strain, as we have a child together, also, the mother is very vindictive and won't let my husband see the child regularly. The child (6 years old) says she has three daddies and that another man is her real dad. Also that she doesn't want our last name, she wants her real daddy's last name. All of this was said before we got the DNA test.
Is there any advice that you have for our situation? Is there a way around the legal system so that my husband and I can get on with our lives??
Re: What is recourse for duped dad?
Given that a judge has already rejected the petition, and he apparently didn't appeal, there may not be any more recourse. What did your husband's lawyer say about further remedies after the judge's ruling?
Re: What is recourse for duped dad?
The lawyer said that we could file a civil case against her and also try to get the child support lowered. I have heard that if we could locate the other "daddy contestants" and supoena them to court, that they could be tested and if one of them is the father, then we're off the hook?? Is that true? And also i heard that if we are gonna file motions regarding the case, should we do it all at once, or should we spread them out? I think, in Kentucky (jefferson County) , that you always stay with the same judge in family court. If the same judge keeps denying our motions, what can we do?
Please, help!!! We are at our wits end. Also, can the mother, on her own volition, go to the child support office and tell them that my husband is not the father and she doesn't want child support anymore?