Dismissed and Banned from ever contesting

[RJBFamily]

I will try to leave emotion out and stick with facts the best I can.
In the state of Missouri my husband is paying child support for a child that has been proven by DNA is not his.
To make a long story as short as possible let me explain.
Ryan started seeing a girl in 2001 who immediatly became pregnant. Ashley advised him in last term that the child may not be his. She mislead him to believe the other possible man was abusive and metally unstable. They had the child and took the DNA test. It came back Ryan was not the father. They went ahead and placed his name on the birth certificate. Days later the other man found out she had his child. Ryan and Ashley went their seperate ways and she started seeing the baby's father which didn't last long. Ryan was allowed to see the child twice a month for a few months. He and I meet and started dating. Ashley became jealous and never allowed Ryan to see the child. Within a few months she wanted his name removed from the birth certificate to add the biological father's name. We started the legal process and agreed to pay the atterney's fee. Ryan proposed to me and she found out. She than fought the name removal. The state of Missouri dismissed our case before ever going in front of a judge, further our next letter was an order to pay child support.
The biological father has been in contact with us since. He has no legal rights to his child and is not the man she made him out to be. He is married with children of his own.
The child in question has no father now. The mother was not worried about her childs best intrest rather she was only interested in her financial gain.

Any advise?

 

[seniorjudge]

How many years after the kid was born did he start the lawsuit?

Did he appeal the dismissal?

 

[RJBFamily]

The child was born in March of 2002, Ryan lost all rights to visit in Late 2003 and in April of 2004 we started the paper work to have the name removed. By August our case was dismissed before ever even going in front of the judge, and in November we were ordered to pay child support, we fought and in April the amount was determined. We immediately filed for reduced child support because the original amount was more than he even brought home. The child support was finalized in March 2006. We did not have the funds to appeal. Our attorney said the matter was over her head (remember when she took on the case everyone including the ex was in favor of simply getting Ryan's name removed) and recommended us finding a new attorney. We were looking at thousands of dollars to appeal (I was unemployed and pregnant by this time) and could not receive a court appointed lawyer.

We never appealed. A few attorney's told us there was nothing we could do except waste money on those who claimed they could help. The state determind Ryan legally adopted the child, even without the biological fathers consent.

 

[seniorjudge]

If you've waited all this time, then you are out of luck.

(Granted, your facts are extremely confusing; so I could be wrong.)

 

[Duranie]

The first mistake is that your husband should not have signhed the birth cert for a child he knew was not his. Breaking up with someone does not mean he is no longer Dad.

It seems to me there is no way to backpeddle out of this, but your husband should call around for attorneys that might be able to help pro bono and at least secure some rights and visitation to the child. Your husband is recognized as the legal father.