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  1. #1

    Default Father Served Papers for Paternity

    My question involves paternity law for the State of: Alaska


    I am 22 years old and currently have a child who is 9 months old and am soon to be married. I was in a previous relationship with someone who got pregnant a few weeks after we had gotten together. during our relationship, it was pretty rocky and was pretty much called a "sperm donor" and all i was to be used for child support. She had cheated on me three times and even hit me busting my lip. Towards the end of our relationship(about four months into the pregnancy) she had kicked me out several times, where i spent the majority of our relationship at a homeless shelter. I moved to tennessee where my family was closer for my own health. The ex had stayed in contact via email and internet. she told me that she was planning on having her current boyfriend(husband) sign the Birth Certificate as the Biological Father. I told her that if the child WAS mine that she shouldnt do that and to set up for a praternity test as i did not know the childs name nor any information regarding. She ended up having her husband sign the papers and stopped talking to me for almost two years. Now that I have a family of my own and I am trying to feed my family now, we have moved to michigan and assumed that the ex had taken care of everything "her" way. My mom had received a knock on the door from tennessee police stating that i have to take a paternity test and that since i was not in the state, that if i did not contact them that she would be jailed for aiding and abetting. What i want to know, is what im supposed to do, and what legal action a can take. If the child is mine, i dont want to have that child be with her mother as her mother already has a record for Child neglect(locked her first child in the bathroom for 6 hours to go party) and domestic violence. At the same time, i dont really want to look forward to child support because i know that the ex will end up using it for herself, the reason i say this is because she does not have full custody of her first child, and being that she is abusive. I'm just in a bind and being as how i'm not very knowledgeable about these situations, i could use the advice on what my options are. Thank You.

  2. #2
    Join Date
    Apr 2009
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    Default Re: Father Served Papers for Paternity

    ...something doesn't sound right here, at all.

    WHO knocked on your Mom's door? What exactly was she served with?

  3. #3

    Default Re: Father Served Papers for Paternity

    Shelby County Sheriff of Tennessee she was told that if I did not contact the sheriff's office that she would be aiding and Abetting. But i don't see how as i havent done anything, and i have no felony or crimes.

  4. #4
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    Apr 2009
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    Default Re: Father Served Papers for Paternity

    That's what I'm not understanding.

    Unless your legal paternity was established in your absence, and a child support order was entered, and THEN due to non-payment a warrant was issued...I fail to see where you did anything wrong.

    Have you tried just calling the Sheriff's office and asking what the heck is up? Do you KNOW for sure that someone else signed that AOP?

    You also have no proof at all that Mom is legally unfit, correct? So that's likely a non-issue regardless of paternity.

  5. #5

    Default Re: Father Served Papers for Paternity

    Yes i have called the Sheriff's office and all the response i got was, there is Forms for Paternity that you need to fill out, is there an address i can send it to. so i gave him the address, but it still would not make sense as to why there would be any arrest, there was also no notice of my legal paternity being established as no one has contacted me about it and there was no letters stating paternity establishment. and i am very positive that the AOP has already been signed by the current husband. but the question about the mom being unfit, was, is there any way that i could fight for full custody using that information plus witnesses for her family?

  6. #6
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Father Served Papers for Paternity

    Someone somewhere is getting mixed information

    So first, when you receive the forms, you file a response. Given that you *think* (but let's face it, none of us really "know") someone else is the legal father it's probably best to speak to an attorney.

    Now, about Mom's fitness.

    Unless you have proof that there is a current risk to the child you have nothing at all. No case. Nada.

    And here's the kicker.

    If you all KNOW that Mom is a risk, or abusive, or negligent...and none of you have bothered to involve child services? You're no better than Mom. (In the eyes of the court, anyway).

    Because surely if you, or anyone else, is aware that a child is at risk you'd call someone, right?

  7. #7

    Default Re: Father Served Papers for Paternity

    Yes, I agree. The only reason i have not done so though is that the ex's Foster parents are taking care of the children and have been taking care of the children for quite some time now. but wouldnt having child negligence and Domestic violence on record be a factoring issue?

  8. #8
    Join Date
    Sep 2009
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    Minneapolis/St. Paul area
    Posts
    497

    Default Re: Father Served Papers for Paternity

    Not if you knew about the record prior to conception of your potential child. If these alleged events occurred before conception, the courts will view it as your stamp of approval on mom's ability to parent more children.

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