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  1. #1

    Angry Mother Refuses Paternity Test After Claiming My Husband Is Father Of Her Child

    Okay. I'll try to make this as short and simple as I can. My husband and I live close to the TN/KY border on the TN side. A week ago, my husbands old girlfriend, who lives on the other side of the line in KY, has threatened us with a paternity test of her son who will be 4 next month(April). She made this threat out of anger and now seems to want to just forget the whole thing and not get the test done. I have found out that the man she is with now adopted the child about 7 mos. ago. My husband and I would just as well let it be and go on with our lives, but we also realize a threat like this can come back to haunt us in the future. We want to do the best thing for us. Not that my husband is a cold hearted person, but he hasn't had anything to do with this child for 4 yrs. now and we have a child of our own. My question is: either way, what are the pros and cons of us persuing this paternity test to see if my husband is the father? And from what I understand, if we wait til the child turns 4 next month then she can not try to get back child support for the past 4 yrs(Even though she has known where we have lived since the child was born). Any advice would be helpful. We have a meeting with a KY lawyer at the end of the week, but I am just itching for some advice before then. Thanks for any help.

  2. #2
    Join Date
    Feb 2008
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    578

    Default Re: Mother Refuses Paternity Test After Claiming My Husband Is Father Of Her Child.

    You'll need to learn to be patient when dealing with legal matters. We all want a crystal ball on legal outcomes but no one has one. Lawyers offer educated legal opinions, but even they can't unerringly predict rulings. But most importantly they understand and handle the legal process which is the most difficult part for most of us laymen.

    That said, if I had the option of making sure I wouldn't be held liable by a statute of limitations expiring, I certainly wouldn't do anything to toll(stop the clock)the SOL. Even if paternity is established, it gives you the choice of paying support and when and how - or not for those 4 years rather than being held to it by court order.

  3. #3
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    Default Re: Mother Refuses Paternity Test After Claiming My Husband Is Father Of Her Child.

    I'm not sure what that last post means, in terms of being "held liable by a statute of limitations expiring".

    The mother petioned for the child's adoption, along with her current husband, and at that time she either swore that she did not know who the father was, that somebody else was the father, or that your husband was the father but could not be located for service. My guess is that she claimed to have no idea who the father was, but I have no way of verifying that.

    Having sworn that in order to proceed with the adoption, and having voluntarily demanded and received the termination of the biological father's parental rights, she's not in a good position to be threatening anyone with a paternity action.

    If your husband wishes to do so, he can bring a paternity lawsuit and request a DNA test. If he is successful in his suit and paternity is proved, he can request visitation and can expect to pay child support. If he does not want that outcome, his alternative is to wait and see if the mother does anything.

  4. #4
    Join Date
    Feb 2008
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    578

    Default Re: Mother Refuses Paternity Test After Claiming My Husband Is Father Of Her Child.

    Quote Quoting Mr. Knowitall
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    I'm not sure what that last post means, in terms of being "held liable by a statute of limitations expiring".
    Actually I said "if I had the option of making sure I wouldn't be held liable by a statute of limitations expiring", could have in hindsight been better expressed as, "if I had the option of making sure I wouldn't be responsible for paying past child support by allowing the statute of limitations (pertaining to the mother's right to collect) to expire, I would choose that option."

    Sorry for any confusion.

  5. #5

    Default Re: Mother Refuses Paternity Test After Claiming My Husband Is Father Of Her Child.

    Quote Quoting Mr. Knowitall
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    Having sworn that in order to proceed with the adoption, and having voluntarily demanded and received the termination of the biological father's parental rights, she's not in a good position to be threatening anyone with a paternity action.
    That kind of what I was thinking. I think she made this threat out of anger and has now realized what she has set herself up for. I guess our major concern is if we just let it go also, she could possibly get angry again in the future and come after us for money. I know money is not the "important" issue, it's the child. But really in truly the "best" thing for the child is to leave him in his home with the man he calls daddy & not confuse him anymore. In my opinion anyway. I just know the mother is crazy and would come after us just for the money when she realized she needed it(suppose she & the man she is with get a divorce).

  6. #6

    Default Re: Mother Refuses Paternity Test After Claiming My Husband Is Father Of Her Child

    Since the child has been legally adopted, your husband's rights have been terminated by a court. He is now the only one that could contest the adoption, not his ex. She also cannot claim CS, even if she gets divorced. She will have to go after her current husband.

  7. #7

    Default Re: Mother Refuses Paternity Test After Claiming My Husband Is Father Of Her Child

    Quote Quoting lwpat
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    She also cannot claim CS, even if she gets divorced. She will have to go after her current husband.
    Is this true even if a paternity test is done and my husband is proved to be the biological father?

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