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  1. #1
    Join Date
    Mar 2006
    Washington State

    Default Disproving Paternity After Divorce

    My exwife and I had two boys then I got a vesactmony. Almost a year latter she came home and said she was pregnant. We were not active durning this time. I knew that the child was not mine and she moved out of the home during her first term. We had other martial problems too.
    I was not present for the birth, but for my boys sake showed up at the hospital at one point.
    Of course she put me down as the father. I had been helping with our two boys child care exspense, but I had not considered the third child in the equation. While still an infant, we took him in to the local hospital and I paid for a swab DNA certified test to be done on him and myself. The results confirmed what I already knew. The child was not mine and can not be mine.
    I really could not afford a divorce at that moment and continued paying the same amount to help with my two boys. I never had the third one over for visitations or nor did she ever invite me to his birthday party like she did with my boys. She still denied the test. Finally during our divorce I continued to make it known that he was not mine. She stood firm on her belief. We both wanted to get the divorce over without delay, so as a compermise, wording was put in the final divorce papers that I would be responsible for the third child pending further DNA testing. Upon that I will be paid back rectoactive to the date on the divorce papers. There was no time frame standed for the test to occur in. She insisted on a blood DNA test. I paid for my half and went in. She was suppose to take him in shortly after, but did not.
    She ended up in felony legal problems. So I have been patient.
    I can not wait any longer it has been almost two years since our divorce. She tells our boys that I am the third boys dad and even the third boy. I have never claimed to be and have him call me by my first name. Lately I have allowed him to come with his brothers for a day visit. But I have not and will not take him by himself like I do with my boys. He is my boys brother, but not my son. My child support will drop a little and I will not be responsible for his medical insurance or other bills that his mom does not pay.
    How do I proceed in removing him from my responsiblity when she does not take him in for the test that is stated in the divorce papers? Can she be made to remove me from the birth certificate?
    I really don't have the money to fight things out in court and yet I can not afford to continue as is.
    Please any advise would be nice.

  2. #2
    Join Date
    Mar 2005

    Default Paternity Tests

    If you have him for visitation, you may wish to consider him in for a DNA test yourself. It is a shame your ex-wife insists upon blood testing, as a simple cheek swab DNA test is completely painless and very accurate. Once you have the test result, you would apparently have to petition the court for relief based upon the language in the judgment reserving your right to DNA testing.

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