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Can I Dismiss Paternity Suit Do to Insufficient Affidavit

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  • 06-23-2013, 05:59 PM
    wv123
    Can I Dismiss Paternity Suit Do to Insufficient Affidavit
    My question involves paternity law for the State of: Wisconsin
    In a paternity suit in Wisconsin, state attorney + unmarried mother are suing to establish paternity under s 49.22 welfare. There was no mother's affidavit when the summons was sent to me. There was only the state's affidavit (apparently based on an unsigned paternity interview) and finally she did her affidavit a month after I got the summons, and the mother's affidavit was pretty much the opposite of the paternity interview and the state's first affidavit. Would the lack of an affidavit at the time the summons was issued, and writing a new mother's affidavit with very different story, be grounds for dismissing the suit? The state's affidavit of course might also be considered falsely sworn, although they only say "on information and belief", so maybe it wouldn't be false swearing due to hearsay, they will just say the mother changed her story and blow it off. The state's affidavit was missing some other things also (it did not specify there was no other possible father, etc) but of course the big issue is they had no probable cause, it seems that WI law requires a mother's sworn affidavit in order to have probable cause to issue a paternity summons.
    So the question is, is the procedural issue (no probable cause) enough to dismiss the case? It is possible that despite the changes in her story, they still have legal basis, maybe even better legal basis, now than before, but it seems they thought they had legal basis before also.
    Thanks!
  • 06-23-2013, 06:06 PM
    Disagreeable
    Re: Can I Dismiss Paternity Suit Do to Insufficient Affidavit
    Lets approach this logically. You are going to be taking the paternity test now or later. What is your goal?
  • 06-23-2013, 06:08 PM
    Dogmatique
    Re: Can I Dismiss Paternity Suit Do to Insufficient Affidavit
    Serious question.

    Why bother? If it's dismissed, they'll simply refile. This won't go away.

    - - - Updated - - -

    Ah. Post hx, folks. :cool:
  • 06-23-2013, 06:12 PM
    Disagreeable
    Re: Can I Dismiss Paternity Suit Do to Insufficient Affidavit
    To facilitate resolving your situation, Google "vaseline coupon".



    Quote:

    Quoting Dogmatique
    View Post
    Serious question.

    Why bother? If it's dismissed, they'll simply refile. This won't go away.

    - - - Updated - - -

    Ah. Post hx, folks. :cool:

  • 06-23-2013, 06:21 PM
    wv123
    Re: Can I Dismiss Paternity Suit Do to Insufficient Affidavit
    It can be dismissed with prejudice. Or they might decide not to refile even if they can. If it does go to trial, it is a jury trial, and they need to prove beyond a doubt, so getting it dismissed because their witness lied makes them look doubtful. I don't see how getting it dismissed can hurt me? It also delays them, and who knows, maybe I find another problem the next time they file.
  • 06-23-2013, 06:23 PM
    Dogmatique
    Re: Can I Dismiss Paternity Suit Do to Insufficient Affidavit
    It won't be dismissed with prejudice.

    Forget that.

    And you're completely not getting how family court works. Seriously.
  • 06-23-2013, 06:34 PM
    wv123
    Re: Can I Dismiss Paternity Suit Do to Insufficient Affidavit
    Your opinion is noted. Maybe someone else who is interested in answering my question will respond.
  • 06-23-2013, 06:38 PM
    Dogmatique
    Re: Can I Dismiss Paternity Suit Do to Insufficient Affidavit
    (hint: "beyond a reasonable doubt" doesn't exist in family court)

    Seriously.
  • 06-23-2013, 06:56 PM
    wv123
    Re: Can I Dismiss Paternity Suit Do to Insufficient Affidavit
    Your opinion (which is wrong) is noted. In Wisconsin if you want a trial for a paternity suit, then it must be proven beyond a reasonable doubt, and you have the right to a jury. But that wasn't the question. So just answer the question that was asked, or shut up.
  • 06-23-2013, 07:06 PM
    Dogmatique
    Re: Can I Dismiss Paternity Suit Do to Insufficient Affidavit
    Quote:

    Quoting wv123
    View Post
    Your opinion (which is wrong) is noted. In Wisconsin if you want a trial for a paternity suit, then it must be proven beyond a reasonable doubt, and you have the right to a jury. But that wasn't the question. So just answer the question that was asked, or shut up.



    Start saving for child support, my friend.

    :cool:
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