DNA and Disestablishment of Paternity

Living in the state of Louisiana now was married and now getting Divorce, I will be going up for child support in a few, which I'm a dad that have took care all my kids wish the mother doesn't do anything but run the streets got negative friends, buts I need help and establishing paternity at my Child support hearing I wanna know of its possible being that my name is on the birth card, but I always had doubts with to of them being we wasn't married but with only 1 of them, I got DNA on 1 of them and it is not my kid bit has my last name and still need to establish on 1 more would that DNA test work in court and make me not responsible for child care anymore, it's not that I don't love this kid I work hard for mines and I see her mind set change once she got back into her growing up environment friends putting in her head stuff saying she can get this and that, but I have a career and I came to far and work too hard to go though this. We should be getting Divorce in a few months I just wanna know do I have the right to establish DNA dew to deceit and lies, and her Cheating before marriage plenty times

You have several children of unknown ages - please share that information - and you got married a certain number of years ago - how many? You are established as the legal father of all of the children? And you did so in the cases of the premarital children by signing and filing an AOP at the time of birth?

When you say "this kid", which one are you talking about?

1. 11yr 2. 5yr 3. 3yr.. 11yr old DNA results he's not mind, need DNA on the 5yr old, not worried bout the 3 yr old as he looks just like me, we been married almost 4yrs separated for bout a yr in a half, now I have to go to a child support hearing and the 11 yr old is not mines will I still be liable for support of him or the 5 yr old if they are not mines, can I request DNA for the kids if they are not mines are give the judge my results that the lab already sent me, I'm by all means not tryna get out of my fatherly duties, I have been taking care these kids all there life, without knowing and since I have a great career and a good job there mother let people tell her she can get up to 3grand a mth so she went file... So I do have results for one of the three

He looks like you, huh?

Y'know, every time I'm seen with my adult step-daughter, people assume I'm her Mom.

Looks mean NOTHING.

And please answer MKIA's question - are you the LEGAL father of all of these children?

Am I the legal Father if I sign all Birth Cards, but have DNA Results to say one is not my biological Kids, now mom wants me to support the kid, cause I have a better Job and his real sperm donor is incarcerated, but seriously I wanna know could I ask for paternity at my child support hearing, do the state of Louisiana ensures that in all child support cases. Should I have and attorney present..

So you've raised these kids as your own, you're the LEGAL father, and now that you're divorcing Mom you want to, in very simple terms, throw the non-bio kids to the wayside?

Is that correct?

No that is not correct at all, and I do not wanna throw them to the side even though I know I have a child support hearing I have still took care of them, school clothes and all things they want and need.. I dnt want to be with mama so she figure she hurt me by going get child support, cause she's a deadbeat always running the streets the kids are always with me, my mama, are her mama, she doesn't wanna work are do nuthing but night clubs and sleep out with guys but want me to pay her money, for what..

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Quoting RonHD

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No that is not correct at all, and I do not wanna throw them to the side even though I know I have a child support hearing I have still took care of them, school clothes and all things they want and need.. I dnt want to be with mama so she figure she hurt me by going get child support, cause she's a deadbeat always running the streets the kids are always with me, my mama, are her mama, she doesn't wanna work are do nuthing but night clubs and sleep out with guys but want me to pay her money, for what..

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She's a deadbeat because she might request child support for your LEGAL CHILDREN? I'm not understanding your logic. Please explain again.

Do you understand what will happen if you disestablish paternity? And for the love of all things holy could you please use English?

My Logic is I take care the kids anyway they r with me all the time, while she runs the street.. I wanna know how I can go by gettin custody since I sign the birth card, are can I request child support be denied, cause I take care my responsibilities as there father even though I only know that I'm not one of there fathers and FYI I file for divorce.. How could someone get child support that never have there kids. So are I'm the legal father cause I sign the birth card and can I request DNA, I'm not worried bout child support cause I take care them anyway, I dnt want a deadbeat spending the money on there self and not the kids, by the way she's always have her appearance straight and I keep there's straight she never bring them to the barbershop or buy them clothes I do..

Answer. The. Question.

Are. You. The. LEGAL. Father. Of. These. Children.

In other words, did you sign PATERNITY PAPERS when ALL of these children were born?

Yes I did sign legal papers when they were born yes, so that makes me the legal father..

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What can happen if I establish what???

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Can someone Answer my last question I need positive help, the last person act like there taking sizes are its always the father, I either wanna know how I can establish paternity durning my hearing are can I file custody, being I'm the sole provider, this is really a women gone wild..

If you signed papers accepting paternity, (for all of the children) I don't think at this late date you can request dna testing (except maybe for your own information) You are the "father" according to the law, to all of the children you signed paternity for.

You can always request custody.

I hope no matter what happens you treat them all as your own flesh and blood. That's what they've grown to believe because of your own actions.

It would appear that Mom has had the kids in her custody since the separation hence Mom will likely remain the primary parent.

Dad will be paying child support for ALL of his legal children.

Dad best get used to the idea.

Wrong not at all my kids been with me mostly during the split I take them to school they get off the bus at my mom house and they sleep at my house every night unless I have to go on the road for work, they either at my moms are her moms, any women who has had 6 different job in a yr is not really fit, thanks to the positive people giving good advice and to those not thank you too it's not always the man fault maybe u was hurt before

You have no clue of what you speak - but go ahead, continue living under your rock.

Can explain how. I have no clue I was asking for help not insult.. To get the kids to the best situation possible, cause its about them, whatever's best for them..

Dad, how is disestablishing paternity in their best interest?

You've made it quite clear that this is about money.

I made it Quite clear that I would be the better parent my kids are with me right now and have been here for 3mths and i have a case pending, and just beeded help seeing what i can do, and there mom is not even where she live at so if she would want child support and not do anything for them no I wouldn't want that part of the situation,

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Thanks for being sort of help though thank you very much

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It's not about really the Money cause I provide for them all day everyday and she does nothing, and a child support case and a divorce want stop me from doing for my kids

Ron, your very first post was all about avoiding paying child support.

Please understand that we can only go by what you tell us.

Honestly you need to decide - do you want to be a father to ALL of these children (even if you don't get custody), or not?

Of course I do I'm all they know.. And they look up to me I just want them treated fairly and in the right and fitted situation

What do you think would be fair?

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Quoting Louisiana Civil Code, Art. 195. Presumption by marriage and acknowledgment; child not filiated to another man; proof; time period

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A man who marries the mother of a child not filiated to another man and who, with the concurrence of the mother, acknowledges the child by authentic act or by signing the birth certificate is presumed to be the father of that child.

The husband may disavow paternity of the child as provided in Article 187.

The action for disavowal is subject to a peremptive period of one hundred eighty days. This peremptive period commences to run from the day of the marriage or the acknowledgment, whichever occurs later.

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Quoting Louisiana Civil Code, Art. 187. Disavowal action; proof

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The husband may disavow paternity of the child by clear and convincing evidence that he is not the father. The testimony of the husband shall be corroborated by other evidence.

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Quoting Louisiana Civil Code, Art. 189. Time limit for disavowal by the husband

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The action for disavowal of paternity is subject to a liberative prescription of one year. This prescription commences to run from the day the husband learns or should have learned of the birth of the child.

Nevertheless, if the husband lived separate and apart from the mother continuously during the three hundred days immediately preceding the birth of the child, this prescription does not commence to run until the husband is notified in writing that a party in interest has asserted that the husband is the father of the child.

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You're well past the one year limit.

Thank y'all for the info, I think the right thing is for me to go ahead and file for custody..

Before you end up losing a costly battle, please help me out here.

You work - correct? Does Mom work? What are your respective hours of work?

There's a very important reason why I'm asking.

Yeah I work, 8am-5pm Mon-Fri, the mother was working but seems she thinks she gonna get more child support by not working.. I'm on call every 5 th weekend and may have to get on the rd and travel from Friday to Sunday night

Then I'm really sorry, but you need to accept that Mom has a really good chance of being primary custodian.

Okay Thanks, but I mean they are never with her when they go back to her they are with her mother, they are never with her in her custody, she's never around I'm really sayin, so they always call me to come back and get them, but I try and let them spend time hoping they get to see her, like right now they haven't seen her since May, they are with me now, but I bet she show up at the court hearing, I'm sayin is there anyway I can bring to the courts attention I would like to handle divorce and child custody at the same time