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

    Default Proceeding on a paternity petition

    As I had mentioned beforein my other thread.....I sent the petition in a week ago. I received a court date of April 19th. I'm thrilled ,that I have the court date. However, in anyones experience.....what should I expect at the hearing? I intend on doing this without an attorney; not really sure if an attorney is needed for this. I already had a DNA test done, so I know the answer . Just curious as to what is in store for me.

    New York State- btw

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

    Default Paternity Issues

    As I recall, your situation is complicated by a prior judgment which holds that you are the father. If that prior order is asserted, I still believe that it is unlikely that a paternity petition would succeed as the court would normally view the paternity issue as having been resolved by the prior litigation. It will be interesting to see what happens if the mother doesn't raise the prior judgment in court, as the court may not otherwise be aware of the prior court ruling.

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

    Default

    Actually, it is the same judge ,from previous hearings.


    In short: The court called the child in question, my step-child? This confuses me. What is the legal definition of step-child? My understanding is a child born of a previous relationship in which the husband assumed responsibilty. If the child was born within the marriage....from another father; how could she be assumed a 'step'?

    I understand that I am in a sticky situation. How to overcome it, is the question. I'm doing everything I can legally afford to do. Justice is indeed, blind.

  4. #4

    Default

    Just curious, has the mother been paying you back the CS and is the real father also paying for the child?

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

    Default

    Just curious, has the mother been paying you back the CS and is the real father also paying for the child?
    I wish !

    No really; this may sound ridiculous, but I am not looking for back support. As unfair as it was to falsely name me as the childs father, I'm not going to attack the back support issue. However, if she doesn't work with me a little, I may just consider it. There is one biological child in this issue....I don't want to make things bad for his sake.

    I don't even know who the real father is. She won't tell me. I'm wondering if that will be brought up in this paternity hearing?

  6. #6

    Default

    I'm really curious about your case because my husband is in a similar situation except in the state of OH. What we've been told is that there is nothing that we can do because the child was born within the marriage. They even have a paternity law in the state of Ohio but from what I hear on these message boards is that there is little to be done because of "best interest in the child". Please keep us posted on your case. I hope you win.

  7. #7
    Join Date
    Feb 2006
    Location
    Buffalo,N.Y.
    Posts
    20

    Default

    Quote Quoting Santababy
    I'm really curious about your case because my husband is in a similar situation except in the state of OH. What we've been told is that there is nothing that we can do because the child was born within the marriage. They even have a paternity law in the state of Ohio but from what I hear on these message boards is that there is little to be done because of "best interest in the child". Please keep us posted on your case. I hope you win.

    I will most certainly keep you updated.

    I question the best interest of the child when all the court seems to be concerned with is money. I look at it on a fraud level. It is not the best interest to legally lie to the child ,or to force me to do the same; wouldn't you agree?

    It is the uncontrolable resentment that I feel from time to time. Not for the child....but for the situation. When I've looked into the judges eyes,I can see that they are aware of the fraud. Last week, I had a family court judge talk to me like I was a criminal for even mentioning paternity.

    Giving credit to my (ex) she admitted, for the first time in court, that I was not the biological father. It did no good. If I were the judge...I would have questioned her about fraud right away.

    I dont want back support, I really dont . I just want NYS to recognize the child is not biologically mine. Perhaps gain some respect within the court. Hell, they've been extorting money from me .It's a tough thing to deal with.

    I know I have rights.....I'm just trying to find them. I have contacted state and country elected officials for help. I even directly complained with the US dept. of Health. People are responding !

    I'm also involved with Carnell Smith/ United States Citizens Against Paternity Fraud. www.paternityfraud.com
    He's a big inspiration for me. He managed to get laws changed in Georgia.....I'm trying to do the same in NYS.I have been getting plenty of letters from high ranking officials of this country.

  8. #8
    Join Date
    Apr 2006
    Location
    new jersey
    Posts
    6

    Default I don't think you will have much luck

    I believe new york state and new jersey's laws are the same. My ex went through this almost 5 years ago. He signed the birth certificate but found out 9 years later the mother had lied. After a paternity test proved he wasn't the father, the judge stated that since it had been 9 years and he had signed the bc he was established as the father and if the mother wanted child support he would have to pay. The law is one-sided. I feel sorry 4 you.

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