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  1. #1
    Join Date
    Apr 2007
    Posts
    7

    Default Challenging Paternity After Divorce

    My fiance got divorced 3 years ago. He has 2 children, ones 7 and the others 4. Right after the divorce he found out that his ex said that his oldest may not be his. He was shocked but after thinking about it, he knew there was that possibilty. They had only been together for a month and she became pregnant. This is the reason they got married and he joined the military. When they first got together she wanted to see if there were any feeling still for her ex boyfriend. She went to see him and came back and told my fiance there was nothing there. A month later she was pregnant. He has paid child support since the divorce and she keeps the girls from him. They have joint custody and she just moved to TN (with out giving notice). The divorce and custody was written in LA. We are about to ask for a DNA test. If it turns out he is not the father of the oldest can he sue for back child support? Will he still have rights to see her and be in her life?

  2. #2
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Paternity test in process

    Quote Quoting AB23
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    My fiance got divorced 3 years ago. He has 2 children, ones 7 and the others 4. Right after the divorce he found out that his ex said that his oldest may not be his. He was shocked but after thinking about it, he knew there was that possibilty. They had only been together for a month and she became pregnant. This is the reason they got married and he joined the military. When they first got together she wanted to see if there were any feeling still for her ex boyfriend. She went to see him and came back and told my fiance there was nothing there. A month later she was pregnant. He has paid child support since the divorce and she keeps the girls from him. They have joint custody and she just moved to TN (with out giving notice). The divorce and custody was written in LA. We are about to ask for a DNA test. If it turns out he is not the father of the oldest can he sue for back child support? Will he still have rights to see her and be in her life?

    So after 7 years of being Daddy, he now decides that it's time to disestablish paternity, stop support, sue for back support....But still want to confuse the child by being Daddy in name only?

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Paternity test in process

    He has known what the child looks like for seven years. He got divorced three years ago, and didn't raise paternity at that time. He had suspicions afterward, but again took no action. I doubt that a court will entertain any effort to overturn his paternity after a prior court order recognizing him as the child's father, and after he chose to let years go by without acting on his suspicions.

  4. #4
    Join Date
    Apr 2007
    Posts
    7

    Default Re: Paternity test in process

    Quote Quoting Baystategirl
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    So after 7 years of being Daddy, he now decides that it's time to disestablish paternity, stop support, sue for back support....But still want to confuse the child by being Daddy in name only?
    He never thought she would do something like that. The problem is, she does what ever she can to keep the girls away from him. He has paid his child support on time and has tried and tried to be a part of their lives since they divorced. She continues to try to collect money from him and we are going on our 3 time in court. He just wants to know the truth. He didn't have the doubt until she said that. And trust me, the girl looks absolutely nothing like!!! It would be heart breaking but he needs to know. It wont change his feeling for her and he will always be daddy; however, he is constantly being attacked and has the right to know. I was just asking the questions for myself. I had heard of people sueing for the back child support. If she knew all along that there was a chance that she wasnt his, then she shouldnt be doing what shes doing. She continues her life with the kids and my fiance has to live his life under her rules and guidlines.

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