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  1. #1
    Join Date
    Feb 2006
    Location
    Buffalo,N.Y.
    Posts
    20

    Default Filing a Petition for Paternity

    Here is the short story:

    I was married in 1995. My wife had my son....all was well. A year or so later,she was pregnant again. I knew at the time, there was no way I could be the father, as we had not be getting along. The time just didn't match. We seperated about 6 weeks before the child was born.

    I was present for the birth, though never signed the birth certificate. Unfortunately, I was not in any position financially to divorce her...so I paid child support. On a weekend visit, I had taken the child to get a DNA test. Two weeks later the results were mailed to me, stating what I already knew. 0% paternity,100% excluded. That was 2002.... :?

    Since that time ,I had numerous hearings in Family Court regarding support. The judges would never enter the DNA test as a reality. The Lord Mansfield Rule has me stuck..... ya know, the law that was in place back when wives and children were considered property :roll:

    I suffered a serious back injury in 2002.... so again, I still have yet to be able to afford a divorce. Legal Aid ,was little help as they said my case was too difficult. :?

    I called recently the county court house, ordered a paternity petition.I was hoping ,at the very least, this would be a way to get New York State to recognize that I am not the biological father. Is this a good idea?
    In a month or so ,I'll will be finally in a position to start divorce proceedings. But I want to get this rolling. Is there any reason a Family Court judge, could/would dismiss a paternity petition because the parents are still married?

    I'm still going to send the petition in regardless of the answer.I need to do something....I'm only trying to relieve myself of supporting a child that isn't mine.....

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    It is unlikely that a paternity petition would succeed, as the same issues have been resolved (at least, in the eyes of the court) through the prior litigation.

  3. #3
    Join Date
    Feb 2006
    Location
    Buffalo,N.Y.
    Posts
    20

    Default

    It is unlikely that a paternity petition would succeed, as the same issues have been resolved (at least, in the eyes of the court) through the prior litigation.

    I just sent the petition in....today.

    I guess what I was asking is if by filing a petition ,like this, will at the very least see a court date? Can they deny a hearing? At the very least ,I'd like a hearing. I know the "lord mansfield rule" is a tight noose around my neck, but does the court have the right to not allow me to defend myself?

    what would you do?

  4. #4

    Default

    if you are not divorced yet then when you file for divorce you need to tell your attorney that you are not the father and that you want a dna test which is about 490$ from dna diagnostics which holds up in court(some tests do not). i beleve with a good lawyer this will get accomplished- it seems pretty cut and dry-you have to agree that you are the father in court- if you challenge it there will be a test. do not agree to pay child support until you are proven the dad- married men can challenge this even though you are on the birth cert. something to do with the trust part of marriage- asingle man however that is signs a birth certificate is another story-you need to research alot and learn your rights- you do have them. good luck.

  5. #5
    Join Date
    Feb 2006
    Location
    Buffalo,N.Y.
    Posts
    20

    Default

    Thank you.......I'll be updating the board on my progress.

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