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  1. #1
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    Default What States Will Protect an Intact Family from Bio-Father

    My state of Ohio does not seem to have laws that will give us the best chance to keep the bio-father from persuing a relationship with our child and I'm looking at moving to another state who's laws will protect our marriage and family from such a disruption.

    States we like that have laws which may be favorable to our views include.

    Iowa

    Michigan

    New Hampshire

    North Dakota

    Okalahoma

    Pennsylvnia

    Tennesse

    Texas

    Wyoming

    Can anyone here tell me which of the listed states have laws I can count on to 100% keep the bio-father out of an intact marriage?

    Lastly, before any of the holier than thou posts begin, let me just say that my wife and I do not plan to keep the the truth from the child. We just believe the presence of of the bio-father will undermine our efforts to keep marriage and our family intact. I have raised this child and love it as my own and I believe we have the right to decide when and how to tell our child and not have the issue forced by someone invading our lives and privacy.

  2. #2
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    Default Re: What States Will Protect an Intact Family from Bio-Father

    Can anyone here tell me which of the listed states have laws I can count on to 100% keep the bio-father out of an intact marriage?
    None of them.

    None of us here can predict how the courts in any state will rule in the matter of pursuing paternity, and there is no law that 100% guarantees that the bio-father will be 100% precluded from trying to legally establish paternity.

    How old is the child? In many states, if the husband has held the child out as his own for at least two years, it makes it more difficult for the bio-father to intervene. Not impossible - impossible is not on the table - but difficult.

  3. #3
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    Default Re: What States Will Protect an Intact Family from Bio-Father

    It's not so much the paternity establishment that I am concerned about but rather the BF's rights to the child and meddle in my family afterwards. The child is almost 5 and our state has no time limt for contesting paternity.

    I know some states have laws that only allow the husband or wife to contest paternity. Some states have a time limit for contesting paternity and yet some other states will deny a BF rights to children born to a married couple and still in an intact marriage/family.

    The link below has a quick listing of state paternity rights. I'm not sure how current it is but it appears to be from 2008. Again, I know would have to verify everything with an attorney licensed to practice in the stat I choose but at least it gives me some hope of cutting the SOB out our lives.

    I know a lot of folks who chose the state of their residence because of the laws it has so I think it a very valid strategy to address this issue.

    Here's the link with the run down of state paternity laws that I mentioned above.

    http://gv70.files.wordpress.com/2007...tion_state.pdf

    Any thoughts on this?

    Thanks...

  4. #4
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    Default Re: What States Will Protect an Intact Family from Bio-Father

    I don't know the states, but here is what I do know:

    California and 7 other states let anyone challenge patternity at any time after birth.

    Texas and one other state have a 2 year statue of limitiations, and only the presumed parents may initiate the challenge.

    The other 42 states, whoever the husband is at time of conception, or whoever signs the bith certificate if she is single, is presumed to be the father for life and must pay child support even if he gets a DNA test after wards. There might be a 2 month federal law to nullify a signature, but not sure.

    In answer to your question, Texas is one of 42 states you could try. But I don't know if it is the state of birth or the current state lived in that matters, or who has juristiction.

    I want to add, the 2 year statute of limitations starts at birth, but if he tried to challenge it in the two years and you evaded him, he may have a case even after the 2 years.

    Were you married at the time of conception? If so, I have no sympathy for the bio father. Even if the state of birth has juristiction, you got an 80% chance it was one of the 40 that assume the husband is the father.

  5. #5
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    Default Re: What States Will Protect an Intact Family from Bio-Father

    fluffycloud,

    Thanks for the info!

    Yes, I had been married for close to 10 years when the child was conceived. I am listed on the BC and while my state does have presumption on my side but it can still be rebutted with a DNA test. Also, in my state paternity can be challegend until 5 years after the child turnes 18. Maybe it's just me but that's just ridiculous!

    BTW, the bio-father has known the child may have been his for several years and has neve made an attempt to challange my paternity. It's only now after the affair was revealed does he want to "establish a relationship" with the child. IMHO, it's just to cause trouble for my marriage. The bio-father is married and has children as well. I also thinnk he and his family is be trying to get me to agree to visitation without going through the courts to avoid pay CS.

    My other concern with moving is the UCCJEA. According to the UCCJEA the jurisdiction will be given to the home state which is the state the mother/child have resided in for the previous 6 months before any litigation has begun. However the home state may also give juridiction back to the previous state if they feel that most of the issues occured in the previous state or even if they believe it's too much trouble for them to handle.

    The local lawyers I spoken to have so far advised me not to do anything because at this time I am considered the legal father. I like to be pro-active and I'm having a hard time sitting here waiting for the bio-father to decide if paying CS is worth causing me the trouble and disrupting my family....

  6. #6
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    Default Re: What States Will Protect an Intact Family from Bio-Father

    Quote Quoting fluffycloud
    View Post
    I don't know the states, but here is what I do know:
    California and 7 other states let anyone challenge patternity at any time after birth.
    no...It is not true.

  7. #7
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    Default Re: What States Will Protect an Intact Family from Bio-Father

    Quote Quoting CalicoJack
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    I know some states have laws that only allow the husband or wife to contest paternity. Some states have a time limit for contesting paternity and yet some other states will deny a BF rights to children born to a married couple and still in an intact marriage/family.
    That is correct.


    CALIFORNIA FAMILY CODE
    SECTION 7540-7541



    7540. Except as provided in Section 7541, the child of a wife
    cohabiting with her husband, who is not impotent or sterile, is
    conclusively presumed to be a child of the marriage.



    7541. (a) Notwithstanding Section 7540, if the court finds that the
    conclusions of all the experts, as disclosed by the evidence based
    on blood tests performed pursuant to Chapter 2 (commencing with
    Section 7550), are that the husband is not the father of the child,
    the question of paternity of the husband shall be resolved
    accordingly.
    (b) The notice of motion for blood tests under this section may be
    filed not later than two years from the child's date of birth by the
    husband,
    or for the purposes of establishing paternity by the
    presumed father or the child through or by the child's guardian ad
    litem. As used in this subdivision, "presumed father" has the
    meaning given in Sections 7611 and 7612.

    (c) The notice of motion for blood tests under this section may be
    filed by the mother of the child not later than two years
    from the
    child's date of birth if the child's biological father has filed an
    affidavit with the court acknowledging paternity of the child.
    (d) The notice of motion for blood tests pursuant to this section
    shall be supported by a declaration under oath submitted by the
    moving party stating the factual basis for placing the issue of
    paternity before the court.
    (e) Subdivision (a) does not apply, and blood tests may not be
    used to challenge paternity, in any of the following cases:
    (1) A case that reached final judgment of paternity on or before
    September 30, 1980.
    (2) A case coming within Section 7613.
    (3) A case in which the wife, with the consent of the husband,
    conceived by means of a surgical procedure.


    7611. A man is presumed to be the natural father of a child if he
    meets the conditions provided in Chapter 1 (commencing with Section
    7540) or Chapter 3 (commencing with Section 7570) of Part 2 or in any
    of the following subdivisions:
    (a) He and the child's natural mother are or have been married to
    each other and the child is born during the marriage, or within 300
    days after the marriage is terminated by death, annulment,
    declaration of invalidity, or divorce, or after a judgment of
    separation is entered by a court.

    7612. (a) Except as provided in Chapter 1 (commencing with Section
    7540) and Chapter 3 (commencing with Section 7570) of Part 2 or in
    Section 20102, a presumption under Section 7611 is a rebuttable
    presumption affecting the burden of proof and may be rebutted in an
    appropriate action only by clear and convincing evidence.

    Quote Quoting fluffycloud
    View Post
    Texas and one other state have a 2 year statue of limitations, and only the presumed parents may initiate the challenge.
    No, Texas has four year statute of limitations.
    Texas Family Code
    § 160.607. TIME LIMITATION: CHILD HAVING PRESUMED FATHER.

    (a) Except as otherwise provided by Subsection (b), a proceeding brought by a presumed father, the mother, or another individual to adjudicate the parentage of a child having a presumed father shall be commenced not later than the fourth anniversary of the date of the birth of the child.

    Quote Quoting CalicoJack
    View Post
    Can anyone here tell me which of the listed states have laws I can count on to 100% keep the bio-father out of an intact marriage?
    Quote Quoting LawResearcherMissy
    View Post
    None of them.
    Missi, I am very interested in how a putative father will be able to file paternity suit in North Dakota or Michigan/ if the family is intact/.

  8. #8
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    Default Re: What States Will Protect an Intact Family from Bio-Father

    Missi, I am very interested in how a putative father will be able to file paternity suit in North Dakota or Michigan/ if the family is intact/.
    You seem to be confusing the ability to try to contest paternity with being successful at it.

    Nothing prevents the bio-father from filing a petition. He can get the forms from the Clerk of Courts, pay the filing fee, and file them all on the same day.

    Where it falls apart for him is when the judge has a look and sees that the child was born into an intact marriage. His suit will be unsuccessful.

  9. #9
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    Default Re: What States Will Protect an Intact Family from Bio-Father

    Quote Quoting LawResearcherMissy
    View Post
    You seem to be confusing the ability to try to contest paternity with being successful at it.

    Nothing prevents the bio-father from filing a petition. He can get the forms from the Clerk of Courts, pay the filing fee, and file them all on the same day.

    Where it falls apart for him is when the judge has a look and sees that the child was born into an intact marriage. His suit will be unsuccessful.
    Disagree!
    Please give an example of state law or case law in Michigan for example.You wrote "Nothing prevents the bio-father from filing a petition. He can get the forms from the Clerk of Courts, pay the filing fee, and file them all on the same day."

  10. #10
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    Default Re: What States Will Protect an Intact Family from Bio-Father

    From the overview of California law it is clear that the putative father is not provided with an action to request DNA tests to rebute the conclusive presumption of legitimacy of section 7540 nor does he have standing to rebut the presumption of paternity of Section 7611


    7630. (a) A child, the child's natural mother, a man presumed to be
    the child's father under subdivision (a), (b), or (c) of Section
    7611, an adoption agency to whom the child has been relinquished, or
    a prospective adoptive parent of the child may bring an action as
    follows:
    (1) At any time for the purpose of declaring the existence of the
    father and child relationship presumed under subdivision (a), (b), or
    (c) of Section 7611.
    (2) For the purpose of declaring the nonexistence of the father
    and child relationship presumed under subdivision (a), (b), or (c) of
    Section 7611 only if the action is brought within a reasonable time
    after obtaining knowledge of relevant facts. After the presumption
    has been rebutted, paternity of the child by another man may be
    determined in the same action, if he has been made a party.
    (b) Any interested party may bring an action at any time for the
    purpose of determining the existence or nonexistence of the father
    and child relationship presumed under subdivision (d) or (f) of
    Section 7611.


    7611
    (d) He receives the child into his home and openly holds out the
    child as his natural child.
    f) The child is in utero after the death of the decedent and the
    conditions set forth in Section 249.5 of the Probate Code are
    satisfied.

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