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  1. #1
    Join Date
    May 2007
    Location
    Virginia
    Posts
    4

    Question Establishing Nonpaternity in Mississippi

    This is a very confusing situation. I married a man 2 years ago who had a 6 year old daughter at the time. No problem. Well, since then the little girl has developed epilepsy and there is nothing in my husband's medical history like that and that made us start questioning if he is the father. Well, he never had a paternity test done (duh) and then when we were not able to get pregnant the questions came again. So, we decided to get a dna test done through GenEX (a mail order type thing). The results came back and it verified that he is 100% not the biological father. He was devastated!! Where do we go from here. All that we have is a court order for child support that is supposed to serve as the paternity acknowledgement, but my husband never signed it. Please advise. Thank you!!!

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Situation in Mississippi

    Have him hire a lawyer to see if he can get the judgment in the lawsuit set aside.

    By the way, there is NO test that is 100% accurate to anything.

  3. #3
    Join Date
    May 2007
    Location
    Virginia
    Posts
    4

    Default Re: Situation in Mississippi

    We are trying not to put out more money on this situation. Is it necessary for us to get a lawyer or are there paper we can file on our own?

  4. #4
    panther10758 Guest

    Default Re: Situation in Mississippi

    Your "mail order" DNA was cheap enough and may not hold up in court. If you want this resolved you need to spend the money and hire a Lawyer

  5. #5
    Join Date
    May 2007
    Location
    Virginia
    Posts
    4

    Default Re: Situation in Mississippi

    The test was NOT cheap. It may not seem like a lot to you, but it is to us. We paid the extra money to get the "court admissable" test, plus the child support every month - it really adds up. Anyway, she has this going through the Mississippi child support enforcement agency. Is there a way that she can call them and have it stopped?

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Situation in Mississippi

    With a mail order test, the court has no way of knowing whose DNA was submitted, so admissibility can be a big issue.

    The child support order establishing his paternity was entered in Mississippi? How many years ago? You suggest as much but to confirm, he was never married to the mother?

  7. #7
    Join Date
    May 2007
    Location
    Virginia
    Posts
    4

    Default Re: Establishing Nonpaternity in Mississippi

    That is correct, they were never married, and it was submitted in 2001.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Establishing Nonpaternity in Mississippi

    The normal course for challenging a judgment is appeal, and it appears he's waited to long to do that. The statute governing paternity orders (Mississippi Statutes 93-9-29) does not describe any additional mechanism to set aside an order. In contrast, when paternity is established by voluntary acknowledgement, under 93-9-28 a limited right of challenge remains.) He should consult a lawyer to see if there is any way for him to challenge the order after this much time.

  9. #9
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Establishing Nonpaternity in Mississippi

    Given the complexity of this situation I honestly do not see how this could be resolved without an attorney getting involved. There are other facts we don't know such as did he or does he now have custody of the daughter and how did that occur-where is the biological mother now? Where their ever any paternity proceedings initiated and what occurred if there was? Laws in jurisdictions vary but it may be that it has been so long that a court would not relieve of him of paying child support especially if there is noone else who is going to be supporting the child. Money spent now may save him lots more money on down the road so he should at least consider contacting an attorney with a domestic relations/family law practice in Mississippi. It may be that counsel could end up initiating court proceedings to terminate the child support obligation.

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