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  1. #1
    Join Date
    Feb 2012
    Posts
    4

    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?

  2. #2
    Join Date
    Feb 2012
    Posts
    4

    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.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    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)

  4. #4
    Join Date
    Feb 2012
    Posts
    4

    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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