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My Ex-Husband May Be Disestablishing Paternity

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  • 01-29-2013, 01:14 PM
    Jessica2012
    My Ex-Husband May Be Disestablishing Paternity
    My question involves paternity law for the State of: Michigan
    My ex-husband and I got pregnant while we were dating. There was a slim chance of his not being the father due to a slutty moment of mine when we were not doing that well. He knew about the "moment" right after it happened. When I found out I was pregnant he said he wanted a dna test. I said fine - I was reasonably sure he was the father and if not we would deal with it then. We didn't break up and when our daughter came she was 10 days "late". He had no doubt he was the father and signed the Affadavit of Parentage. (even though the nurse and myself told him he didn't have to) We were later married....and even later divorced. (didn't see that coming did you? Lessons learned) We have been divorced for several years and he is re-married. Now he is saying he isn't the father and wants a dna test.
    I don't think that is fair to our daughter. I need to know if he has a legal right to do this after so much time. Our daughter is 10 years old. (and still I am reasonablly sure that he is the biological father) He is in her life and pays child support.
  • 01-29-2013, 01:42 PM
    Dogmatique
    Re: My Ex Husband May Be Disestablishing Paternity
    (Yeah, we kinda saw that coming - but honestly Jessica, you actually have my utmost respect for admitting to having a "slutty moment". It happens to many of us, but not many of us can be so forthcoming)

    With regards to Dad that now no longer wanting to be Dad, it's HIGHLY unlikely that the court will allow him to disestablish paternity. He's been Daddy for TEN YEARS. How on earth is THAT in HER best interest?! I know you're not the one trying to change things. It's just so sad when - and I'm reading a little between the lines here - Dad and the new spouse/partner/whatever think that "they" shouldn't have to pay child support (do they have a new child or a new baby on the way?) because of biology.

    It's so very sad.

    Please come back and let us know if you're actually served with anything.
  • 01-29-2013, 01:53 PM
    Mr. Knowitall
    Re: My Ex-Husband May Be Disestablishing Paternity
    So there's a divorce judgment holding that he's the father, with a custody and support order in effect?

    Then it's not happening. See the discussion of res judicata and collateral estoppel in Hawkins v. Murphy, 222 Mich. App. 664, 565 NW 2d 674 (1997).
  • 01-30-2013, 08:12 AM
    Jessica2012
    Re: My Ex Husband May Be Disestablishing Paternity
    Ah thanks lol - not my finest moment. I will certainly let you know. And yes, the girl he left me for, they are married and have a child. And they are sure I used the money he was giving to finance my tattoo habit...or something. Our daughter is in sports, dance class, and she is social....but none of that costs money...or her clothes, housing, food...you see where this is going. I know it is an old retold story, but this new twist is just a little frustrating. I appreciate the help.

    Yes, when we were divorced it wasn't even brought up. We have a pretty simple - no attorney - divorce. Thanks for posting that link. It was very helpful. Some people just suck.
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