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Denial of paternity

Discussion in 'Paternity Law & DNA Tests' started by guestpost, Oct 1, 2012.

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  1. guestpost

    guestpost Law Topic Starter New Member

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    The issue that Im facing is that the party that signed the birth certificate by way of a voluntary statement to establish paternity in Virginia, proceeded to assist outside of court in paying for her needs, and once I entered into a relationship with someone else decided to attain an at home paternity test. Hes trying to deny paternity after signing that document that was signed at the hospital. Is that even possible? I tried to talk to him and he's treating me with nothing but hostility. What do I need to do to get this issue resolved. My daughter is six now and I need to get this issue resolved. Do I push for child support and then let him contest it or what should my next step be?
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Signing a statement voluntarily is not absolute. What if, for example, he discovers that the child exhibits traits that might indicate that the child is likely not his? Only you, the mother, know for sure whether it is not possible that someone else fathered your daughter. He may have signed the statement under the assumption that you were not and did not sleep with some other man within 10 months of your child's birth. My point is that he may have questions about whether he is the father of this child that he thought was his for a number of years.

    Your next step might be going to court and it will be his responsibility to respond appropriately by raising an objection by challenging paternity. Or you can send him a message and let him know that it's going to happen at some point and you might as well be on amicable speaking terms.
     

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