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  1. #1
    Join Date
    Feb 2012
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    Default Biological Dad Seeking Paternity Test for Child Born into Marriage

    My question involves paternity law for the State of: New Hampshire and Virginia I believe that I am the biological father of my 7 yr old daughter, mother told me I was dad and has allowed me visitation on weekends for the last five years. I have a wonderful bond with my child however she was born into a marriage and assumes a different last name. Legal dad is in the navy and lives in Virginia, child was in New Hampshire. He apparently knows the child isnt his but still has paid child support to my daughters mom which was court ordered in 2008. Apparently she has been lying to us both for years, telling him hes dad and me I am dad. While I have taken physical, emotional, and financial responsibility she has continued to collect off her ex. Recently she received a six month jail sentence for 4th offense of driving with a suspended license. For two weeks after being locked up my child was with me full time and I was bringing her to school etc... About a week ago I had a knock on the door and it was the ex husband looking for my daughter. Long story short, he took her and brought her to Virginia. I don't have a legal leg to stand on as a DNA test was never done. This man has only seen her maybe twice, she knows only me as dad. How do I go about getting a paternity test done with mom in jail and legal dad not returning calls or wanting to resolve the issue. I have contacted lawyers here and they want me to get the test done first so I can bring her back to New Hampshire and fight for legal custody. Can I have a court in Virginia order the test? Do I need to seek representation there? Help

  2. #2
    Join Date
    Apr 2009
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    Default Re: Biological Dad Seeking Paternity Test for Child Born into Marriage

    You have a huge problem.

    First, paternity - given that NH apparently has jurisdiction (assuming that's where the current orders are from?) you would have to file there...and serve both parents. Since Legal Dad apparently wants to be Dad there's at least a chance that the court will allow him to remain so and might not even allow a challenge given the length of time that has passed. Do you have ANY idea what Mom actually wants, in terms of who she wants to be Dad?

    Second, Mom's sentence - even if she serves the entire sentence there are two problems. First, if you file to establish paternity and file for custody, the chances of it being heard in court before Mom is released are slim at best. So she'll likely be out, and will likely want custody herself. Then, she'll be fighting a custody battle with her ex-husband who is the legal father and who will by that point have at least 6 months worth of status quo on his side.

    This is a mess, and you absolutely need an attorney. First, one on NH (again assuming that's the state with jurisdiction), and possibly one in VA.

    If the court will not order a DNA paternity test, it's case closed unfortunately - at best you might be able to file for visitation, but that's also sketchy.

  3. #3
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    Feb 2012
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    Default Re: Biological Dad Seeking Paternity Test for Child Born into Marriage

    She wants nothing but money from him, he wants nothing but his money back. Its almost like he's taken her hostage and wants someone to pay. I contacted him about a year and a half ago and told him what I knew, he then acknowledged that he knows the child isn't his. I asked him then to help me straighten things out so he could get his support dropped. He has refused to do anything about it and now he's blaming me for the support he had to pay. He's obviously been munipulated by my daughters mother. He is remarried and has an infant, has never made an attempt to see the child he took from me. I am starting to think he is protecting his exwife, maybe she has filled his head with lies about me. There has to be something that I can do, I have family photos, documents, etc.... I have been begging and pleading with him to give me responsibility and move on. He has no emotional attachment, its only about his wallet. He believes that I have somehow benefited from his support payments, my childs mother and his exwife is neglegant she cares only for herself and has made me provide clothing and food while collecting support from him at the same time.

    This happened a week ago by the way, how can the court think its good for a child to live with a man she doesn't even know? When I spoke to a probate officer in Massachusetts where I live he told me that it was not in the childs best interests for him to take her. Unfortunatley the whole jurisdiction thing slowed any action. Child lived in NH and was attending 1st grade there, child is know in Va. The divorce of the two legal parents was in Ma. Where do I begin? NH should have jurisdiction right? Or is it where the child is now?

  4. #4
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    Feb 2012
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    Default Re: Biological Dad Seeking Paternity Test for Child Born into Marriage

    Massachusetts

    Divorce was through Massachusetts in 2008, neither party resides there though. I believe her payments were being sent to a bank in Massachusetts, however she lived in NH and my child was attending school in NH. As I said earlier, he has never made an attempt to see her until now. She has been with me and my family half the week for about 5 years now. I think she wrote a letter from jail stating she wanted my daughter to be with him and not me. I imagine she is trying to save herself and her decept, as she has been collecting from him while giving me visitation and physical responsibilty.

  5. #5
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    Default Re: Biological Dad Seeking Paternity Test for Child Born into Marriage

    Okay.

    You need an attorney in NH. While the divorce was out of MA, NH has been the child's habitual residence and would have (or would easily obtain) jurisdiction per UCCJEA .

    I'm not entirely sure why you were told (or you implied?) that getting a DNA test would enable you to bring the child back to NH and start a custody battle. A positive DNA test would only give you standing to sue - it would not give you any rights to remove the child. The positive DNA test would be submitted to the court as part of the request to disestablish Legal Dad's paternity. If the court allows that, and allows you to establish paternity, THEN you could file for custody (or at the very least an enforceable visitation plan).

    If the court denies your request - again, it's game over.

    (And in NH, you wouldn't have standing to sue for third party visitation or de facto standing, I'm afraid)

  6. #6
    Join Date
    Feb 2012
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    Default Re: Biological Dad Seeking Paternity Test for Child Born into Marriage

    Ty, will call NH attorney tomorrow. All I can do is try, and keep trying

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