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  1. #1
    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.

  2. #2
    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)

  3. #3
    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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