Results 1 to 8 of 8

Hybrid View

  1. #1
    Join Date
    May 2016
    Posts
    2

    Default How to Disestablish Paternity After Entry of a Custody and Support Order

    My question involves paternity law for the State of: Arizona

    I currently am pursuing disestablishment of paternity for my ex-bf whom has been my son's paternity father for 6 yrs. (Three years being together and three years apart). Three years ago after separation, he served me with court paper wanting child involvement with my son. And so we have court documentation stipulating child support and visitation etc. He gets my son only every Saturday, or not at all at times (by court, friday and sat), there are times when he would get him 2x a month, in my opinion not enough time to have real solid relationship.

    I am currently back with my son's biological father a year ago and had paternity done which proved him as the real dad. At that time when I was with my ex-bf, I really thought it was his and so that's how we lived our lives which I truly regret this day. It is my hope that as much as the damage of the past has been done, I can make things correct moving forward especially for my son's sake to know his true identity. My son is already informed of the situation and seemed to be adjusting and happy having his real dad around.

    I have filed for Disestablishment of paternity but the court dismissed it due to Rule 85. My ex wants to keep his paternity rights regardless of the fact he is not the father. My son's bio dad filed establishing paternity in court a month ago awaiting any result since he wanted to claim paternity for his son.

    I have read about time limitation in arizona law, how true is this and also what chances or ways I/we could pursue legally so we can disestablish paternity?

    Is filing a motion for reconsideration after the judge dismissed our disestablishment of paternity paper be a good next step to pursue or is there any other options?

    I would really appreciate any comment regarding my case and maybe some information how to proceed. Also, could anyone point me to any affordable but good lawyer that specialize in paternity cases that can assertively help us? My son's bio dad might need it too soon and so this will be really a financial strain with 2 of us having lawyer services or is there a way it can be combined?

    Thank you for taking time to read my story.

  2. #2
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,724

    Default Re: 6 Years Passed, Now Pursuing Disestablishment of Paternity

    Quote Quoting Marial27
    View Post
    My question involves paternity law for the State of: Arizona

    I currently am pursuing disestablishment of paternity for my ex-bf whom has been my son's paternity father for 6 yrs. (Three years being together and three years apart). Three years ago after separation, he served me with court paper wanting child involvement with my son. And so we have court documentation stipulating child support and visitation etc. He gets my son only every Saturday, or not at all at times (by court, friday and sat), there are times when he would get him 2x a month, in my opinion not enough time to have real solid relationship.

    I am currently back with my son's biological father a year ago and had paternity done which proved him as the real dad. At that time when I was with my ex-bf, I really thought it was his and so that's how we lived our lives which I truly regret this day. It is my hope that as much as the damage of the past has been done, I can make things correct moving forward especially for my son's sake to know his true identity. My son is already informed of the situation and seemed to be adjusting and happy having his real dad around.

    I have filed for Disestablishment of paternity but the court dismissed it due to Rule 85. My ex wants to keep his paternity rights regardless of the fact he is not the father. My son's bio dad filed establishing paternity in court a month ago awaiting any result since he wanted to claim paternity for his son.

    I have read about time limitation in arizona law, how true is this and also what chances or ways I/we could pursue legally so we can disestablish paternity?

    Is filing a motion for reconsideration after the judge dismissed our disestablishment of paternity paper be a good next step to pursue or is there any other options?

    I would really appreciate any comment regarding my case and maybe some information how to proceed. Also, could anyone point me to any affordable but good lawyer that specialize in paternity cases that can assertively help us? My son's bio dad might need it too soon and so this will be really a financial strain with 2 of us having lawyer services or is there a way it can be combined?

    Thank you for taking time to read my story.
    60 days to rescind the paternity is the LAW. A Court of LAW has decided that your ex-BF is LEGALLY Dad, and the Court is loathe to change that status quo so long after the fact. Your ex has supported Son emotionally and financially.
    https://scholar.google.com/scholar_c...14655023470595

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: 6 Years Passed, Now Pursuing Disestablishment of Paternity

    Quote Quoting Marial27
    View Post
    My question involves paternity law for the State of: Arizona

    I currently am pursuing disestablishment of paternity for my ex-bf whom has been my son's paternity father for 6 yrs. (Three years being together and three years apart). Three years ago after separation, he served me with court paper wanting child involvement with my son. And so we have court documentation stipulating child support and visitation etc. He gets my son only every Saturday, or not at all at times (by court, friday and sat), there are times when he would get him 2x a month, in my opinion not enough time to have real solid relationship.

    I am currently back with my son's biological father a year ago and had paternity done which proved him as the real dad. At that time when I was with my ex-bf, I really thought it was his and so that's how we lived our lives which I truly regret this day. It is my hope that as much as the damage of the past has been done, I can make things correct moving forward especially for my son's sake to know his true identity. My son is already informed of the situation and seemed to be adjusting and happy having his real dad around.

    I have filed for Disestablishment of paternity but the court dismissed it due to Rule 85. My ex wants to keep his paternity rights regardless of the fact he is not the father. My son's bio dad filed establishing paternity in court a month ago awaiting any result since he wanted to claim paternity for his son.

    I have read about time limitation in arizona law, how true is this and also what chances or ways I/we could pursue legally so we can disestablish paternity?

    Is filing a motion for reconsideration after the judge dismissed our disestablishment of paternity paper be a good next step to pursue or is there any other options?

    I would really appreciate any comment regarding my case and maybe some information how to proceed. Also, could anyone point me to any affordable but good lawyer that specialize in paternity cases that can assertively help us? My son's bio dad might need it too soon and so this will be really a financial strain with 2 of us having lawyer services or is there a way it can be combined?

    Thank you for taking time to read my story.
    You should drop your case entirely...you never should have filed. The person with the best chance of prevailing is the biological father. If his paternity is established it will automatically disestablish the paternity of your ex-bf.

  4. #4
    Join Date
    Jul 2006
    Posts
    1,421

    Default Re: 6 Years Passed, Now Pursuing Disestablishment of Paternity

    I don't think OP even has STANDING to file to disestablish.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: 6 Years Passed, Now Pursuing Disestablishment of Paternity

    Quote Quoting Ohiogal
    View Post
    I don't think OP even has STANDING to file to disestablish.
    I think that is probably why her case was dismissed by the judge, but she has filed for a reconsideration. Bio dad however does have standing to attempt to establish his paternity.

  6. #6
    Join Date
    May 2010
    Posts
    201

    Default Re: 6 Years Passed, Now Pursuing Disestablishment of Paternity

    My son's bio dad filed establishing paternity in court a month ago awaiting any result since he wanted to claim paternity for his son.
    Looks like he did file.

  7. #7
    Join Date
    May 2016
    Posts
    2

    Default Re: How to Disestablish Paternity After Entry of a Custody and Support Order

    Thank you all for the reply.

    If bio dad has the chance of establishing paternity more than my attempt to disestablish, will bio dad be denied because the "time" according to law has already passed? Is this really set in stone or can be challenged by him?

    I have not filed for reconsideration yet. This is what my current lawyer is proposing to do, however, for whatever reason I feel that this would go nowhere hence my quest to find other answers, opinions, experience similar to mine. Also financially, I can't afford filing again if I am not shown how this will play out as advantageously on my end.

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: How to Disestablish Paternity After Entry of a Custody and Support Order

    Quote Quoting Marial27
    View Post
    Thank you all for the reply.

    If bio dad has the chance of establishing paternity more than my attempt to disestablish, will bio dad be denied because the "time" according to law has already passed? Is this really set in stone or can be challenged by him?

    I have not filed for reconsideration yet. This is what my current lawyer is proposing to do, however, for whatever reason I feel that this would go nowhere hence my quest to find other answers, opinions, experience similar to mine. Also financially, I can't afford filing again if I am not shown how this will play out as advantageously on my end.
    Hopefully yes, bio's petition will be denied. There is a very good chance the court will think it is not in the child's best interest - or the state's, let's be honest here - for paternity to be disestablished.

    1. Sponsored Links
       

Similar Threads

  1. Disestablishing Paternity: If You Disestablish Paternity Do You Lose Custody Rights
    By rogerdoger in forum Paternity Law
    Replies: 7
    Last Post: 05-11-2016, 01:25 PM
  2. Disestablishing Paternity: Can I Disestablish Paternity After Signing an Acknowledgment of Paternity
    By ig2009 in forum Paternity Law
    Replies: 1
    Last Post: 04-02-2015, 05:58 PM
  3. Disestablishing Paternity: How to Disestablish Paternity to Stop the Legal Father's Custody Case
    By oregonhelpme in forum Paternity Law
    Replies: 4
    Last Post: 04-15-2013, 11:56 PM
  4. Disestablishing Paternity: How to Disestablish Paternity and Stop Child Support
    By TheCount in forum Paternity Law
    Replies: 8
    Last Post: 02-05-2013, 07:29 PM
  5. Disestablishing Paternity: How to Disestablish Paternity if Your Ex Starts a Custody Fight
    By NoOnezgonnastopme in forum Paternity Law
    Replies: 2
    Last Post: 03-01-2012, 12:17 PM
 
 
Sponsored Links

Legal Help, Information and Resources