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  1. #1

    Question Defense to Paternity

    My question involves child support in the State of: Texas

    Please accept my apology in advance, as I may ruin a few Thanksgivings with this one. Do not read further if you are easily offended, as this situation is well into 'tasteless' territory.

    As to 'defending a paternity suit' .... after a year and a half of NCP successfully dodging a dna test it is finally done. The test is done, the results we already knew. You think that wraps it up? No. NCP is going to 'defend the paternity suit' by claiming that I took the contents of a condom and impregnated myself with a turkey baster. ROFLMAAAAOOOO. On what planet? Really? People, I am terrified here. Not of this claim, but of offending the judge when I burst into laughter the second I hear the words 'turkey baster' spoken ... out loud ... in a courtroom. I can't even say it without cracking up. It is the most bizarre and desperate display I have ever witnessed. Not his proudest moment by any means.

    On a more serious note, and to my question. Is there even such a thing as a 'defense to a paternity suit'? The dna is in, there is nothing to 'defend'. It is just a matter of numbers now. What do you suppose he is angling for?

    Thanks.

    p.s. Brief history - he has known from conception she is his child. He paid support randomly up until I filed for court ordered support, and he then chose to deny paternity as a means to delay.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Defense to Paternity

    He can TRY...but I forsee the judge laughing long and loudly, telling him to man up and take responsibility for his actions, and administering a righteous bitchslap in addition to upholding the awarding of child support.

    YOU, OTOH, should be silent in court. Bite your tongue, dig your nails into your palm, squeeze your lawyer's hand til the joints pop, whatever. Just keep quiet. You can LOOK horrified and indignant, but leave the laughing to the judge.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Defense to Paternity

    Actually, there was a case like this ....

    Let me research it...

    Further, may I assume that you and the NCP are not married?

  4. #4

    Default Re: Defense to Paternity

    I know someone that claims the used a condom and it did not break and that the mother impregnated herself. I called the health department clinic and they said that in fact if there was no spermicide involved that the sperm can live in the condom for a small time and that it can be placed in the vagina via outside means.

    Seeing that this is an EXTREME moral issue that a woman would never think of doing in order to keep a man or receive child support I am assuming that this is not the case. But hey you never know, there seems to be a lot of men that claim that they used a condom and that it did not break.

    There was a case where the father fought the paternity test because he stated that there was birth control involved and that there was a prior agreement that if there was a pregnancy from it the mother would terminate it. Well... he was laughed at and I am sure that your case will be the same. It all comes down to people need to be more responsible and wait for marriage or a time where both parties are mature and ready for the responsibility of a child.

    If he is acting this way now it is just going to get worse for you and your child, so try to remain civil and let the court do their job.

    Yes this is my first post, I have been lurking for a long time and could not resist a replay to this one.

  5. #5

    Default Re: Defense to Paternity

    Quote Quoting cyjeff
    View Post

    Further, may I assume that you and the NCP are not married?

    No we were not married. We were engaged.

  6. #6

    Default Re: Defense to Paternity

    Quote Quoting LawResearcherMissy
    View Post
    YOU, OTOH, should be silent in court. Bite your tongue, dig your nails into your palm, squeeze your lawyer's hand til the joints pop, whatever. Just keep quiet. You can LOOK horrified and indignant, but leave the laughing to the judge.
    Unfortunately, I am not a good actress. The problem with that is that I went through all of the reactions in a matter of hours. When I first heard, I WAS indignant and horrified, and mortified, angry and ... okay, a thesaurus wouldn't even cover all the reactions I had. By the end of the day I was physically ill from the range of reactions I had, as her conception was dramatically the opposite of his claim. When the smoke cleared, all that remained was laughter at the complete absurdity of it. Maybe a little disgust is there, so I will try to call on that when we go to court. I really do not want to offend the judge.

  7. #7
    Join Date
    May 2008
    Posts
    582

    Default Re: Defense to Paternity

    The judge's ruling is what will matter, not his/her reaction to the turkey baster. The judge rules on facts of law.

    During my hearing the NCP and the attorney representing the NCP really pissed off the judge. It was in his comments and body language. We thought that would mean he would rule in our favor, but he didn't! The law is still the law and the judge will rule based on the evidence presented.

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