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Father Trying to Vacate Acknowledgement of Paternity

Discussion in 'Child Support' started by Guest, May 8, 2014.

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  1. Guest

    Guest Law Topic Starter Guest

    Child is 3 months, born on 2/6/2014. Father signed AOP in hospital, has provided some financial support and has had liberal visitation with child. Upon being served papers to appear in family court to establish child support on 4/22/2014 (first court appearance 5/14/2014), on 5/5/2014 father subsequently served mother with a petition to vacate acknowledgement of parternity, claiming fraud, duress or material mistake of fact. He claims that around the time the child was conceived, we were not involved roamtically were each seeing multiple partners an that I have been in an exclusive realtionship with another man (he names man) since 2005.

    What are my chances of having the magistrate denying the request for DNA testing, dismissing the petition to vacate paternity and moving forward with a court of for support during the very first appearance?

    For the record, father and I had been involved romantically (and exclusively on my part) since 2012. He is the only possible father. I can prove with date/time stamp pictures, emails, chats and text messages that we have been romatically involved since 2012.
     
  2. army judge

    army judge Super Moderator

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    A paternity test will reveal whether he's the father.
    How can anyone tell you your chances of prevailing in your lawsuit?
    On the other hand, the DNA test will tell if he's the father or not.
    So, there's nothing you an do to prove anything if the paternity proves him NOTto be the father, except to test another man in search of the TRUE baby daddy.
     
  3. KatDini

    KatDini Well-Known Member

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    Why are you worried about DNA testing? Isn't it better for there to be NO question in anyone's mind?
     
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  4. Luciousnapps

    Luciousnapps Law Topic Starter Guest

    @boyzgrrl

    There is absolutely no question in anyone's mind. He is doing this to be spite and to delay in having to pay child support. Of course I will if I have to, but I would really rather not have to take multiple days off of work, after only being back for 2 weeks (and wouldnt be getting paid for time take off at this point - also not receiving any financail help from POS father). First court appearance is next week. If judge allows DNA testing, thats another appointment + waiting for the results, then another court date. That will add on another 1-2 months to the process. Who has time for that?!?!
     
    Last edited by a moderator: May 8, 2014
  5. KatDini

    KatDini Well-Known Member

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    I did, when I went through the CS process in my state. I think it took about six months or so; and I live in a rural county. Didn't bother me a bit, either. There could NEVER be the claim that that was not his biological child after DNA testing.
     
  6. Luciousnapps

    Luciousnapps Law Topic Starter Guest


    That's exactly what I am trying to avoid
    Do you have any experience or knowlege of what I am asking about? Did the father of your child atempt to vacate AOP?
     
  7. Proserpina

    Proserpina Moderator

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    At this point, the court really can't deny the petition, if only for timing.

    Child was born Feb 6. Petition to open a child support case was filed on April 22. While that is longer that 60 day rescission period, it doesn't help you. He's now trying to establish a material mistake of fact and the court is going to allow the petition to go ahead because..well, the statute allows for it.

    Why not just have the test and be done with it?
     
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  8. Luciousnapps

    Luciousnapps Law Topic Starter Guest

    According to the law, is it not true he has to prove material mistake of fact before the court will order the DNA test. The burdden of proof is on him. He has nothiing. I have sufficient proof verifying our (then) relationship.

    If submitting to the DNA test will save time, then I'm all for it.
     
  9. army judge

    army judge Super Moderator

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    You can fight his request to have a paternity test done.
    You'll lose.
    It'll only further delay the results with the legal back and forth.
    As Proserpina correctly stated, "At this point, the court really can't deny the petition, if only for timing.", so fight it all you wish.
    That is YOUR right to speak against motions that would enure to your detriment.
    In the end, he has a right to know definitively if that baby is his child.

    He isn't legally denying that he had a relationship with you, even if he did, that's not probative, merely opinion.

    The DNA test will prove who's the baby's father.

    If he's the father, he'll be ordered to pay support.

    If he isn't, he won't be on the support hook.

    That's the law, and its why I advise all unwed fathers NOT to sign any AOP or birth certificate.

    Request DNA testing, and let science not conjecture and text messages decide.

    Frankly, its time with the technology we possess, to do DNA testing for every baby born in this country.

    As Tina Turner asked, "What's love got yo do with it?"get that DNA!

    Men, before you pay, request that DNA!!!!!
     
  10. Proserpina

    Proserpina Moderator

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    You're not understanding me.

    He doesn't have to prove anything before he can file. The filing in and of itself more than satisfies the court's requirement.
     
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  11. Luciousnapps

    Luciousnapps Law Topic Starter Guest

    I uderstand that he doesnt have to prove anything before he files the petition, but wouldnt he have to submit compelling argument in order for the magistrate to order DNA testing? Wouldnt that require a separate hearing where he would have to present his argument and THEN the magistrate would decide whether or not to move forward with DNA testing?

    At any rate, in the interest of time, I am going to submit to the DNA testing immediately. I was just very taken a back by the actusations he included in his petition. But now that I have had some time to focus on hwat is actually important, I relaize that he is simply being spiteful. He thinks that I will fight his acusations tooth and nail. I'm just going to do the opposite...

    Thanks.
     

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