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  1. #1
    Join Date
    Sep 2009
    Posts
    6

    Default Child's Mother Wants to Disestabish My Paternity

    My question involves paternity in the state of Minnesota

    I have had primary custody of my 2+ year old daughter for 2 years of her life. I recently filed for child support for the mother because she was unwilling to make an agreement to start paying half of daycare. The same day she was served the papers, she informed me that she wanted me to take a paternity test because she believes I am not our daughters father.

    We were not married, and I had some suspicions around conception that she was cheating. However, when she became pregnant, there was obviously a chance it was mine, even though we were safe, so it didn't matter to me especially since noone else was stepping up.

    After our daughter was born, it became apparent that she was not mine. The mother and I are white and the baby is obviously bi-racial. The man I suspected was a co-worker and was black. They worked together through the pregnancy and after we broke up, I spotted him one time leaving her place, but never again.

    She now wants to disestablish my paternity and have him be the father. She is not in a relationship with the alleged bio father though, but another boyfriend.

    Is she outside of the statute of limitations to disestablish my paternity?
    If the court orders a blood test and it comes back that I am not the father, will I be removed from her life? As far as I know the alleged bio father has not been involved at all, but did obviously know she was pregnant and saw the child.
    Can I say that she knew all along that it could be someone else's but never did anything, so she shouldn't even be granted a blood test now?
    What can I do to prepare?
    Is there anything else I can do to prevent this? I am the only father she knows and I want that to remain.
    Thank you

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Only Father She Knows-Clear Answers

    Quote Quoting smokeybear
    View Post
    My question involves paternity in the state of Minnesota

    I have had primary custody of my 2+ year old daughter for 2 years of her life. I recently filed for child support for the mother because she was unwilling to make an agreement to start paying half of daycare. The same day she was served the papers, she informed me that she wanted me to take a paternity test because she believes I am not our daughters father.

    We were not married, and I had some suspicions around conception that she was cheating. However, when she became pregnant, there was obviously a chance it was mine, even though we were safe, so it didn't matter to me especially since noone else was stepping up.

    After our daughter was born, it became apparent that she was not mine. The mother and I are white and the baby is obviously bi-racial. The man I suspected was a co-worker and was black. They worked together through the pregnancy and after we broke up, I spotted him one time leaving her place, but never again.

    She now wants to disestablish my paternity and have him be the father. She is not in a relationship with the alleged bio father though, but another boyfriend.

    Is she outside of the statute of limitations to disestablish my paternity?
    If the court orders a blood test and it comes back that I am not the father, will I be removed from her life? As far as I know the alleged bio father has not been involved at all, but did obviously know she was pregnant and saw the child.
    Can I say that she knew all along that it could be someone else's but never did anything, so she shouldn't even be granted a blood test now?
    What can I do to prepare?
    Is there anything else I can do to prevent this? I am the only father she knows and I want that to remain.
    Thank you
    There are times that an attorney is really needed, your situation is one of those.

    If you cannot afford an attorney and have to go pro-se you still need to get a consult with one ASAP.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Child's Mother Wants to Disestabish My Paternity

    How was paternity originally established: by a court action, or by an acknowledgment of paternity? When did that occur? Has there been prior custody litigaton?

  4. #4
    Join Date
    Sep 2009
    Posts
    6

    Default Re: Child's Mother Wants to Disestabish My Paternity

    Thank you,
    We signed a Recognition of Parentage when she was born and I am on the birth certificate. The court acknowledged my paternity during our motion for temporary custody about 6 months after the birth. I was awarded temporary primary custody. We went to court for the final hearing about 9 months later and we ended up with joint custody with the 'primary residence being with the father'.

    I looked at the minnesota statutes and they are confusing. They claim that a motion must be brought within two years or within 6 months of a blood test. So that seems it can be done anytime in the childs life if a blood test is done.
    On an ROP, it says that by signing it, all rights to a blood test or legal action to change paternity are waived. It sounds to me like there is no definite guideline.

    Another question...
    If the court does not disestablish my paternity and she spreads it around that I am not the father, is that grounds to alter custody for undermining my relatioship with our child?

    Thank you

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