Phoenix2003
New Member
While I realize that it is unusual for a mother to try and undo paternity dealings I do have a few questions regarding how I can go about it and any help I thank you for in advance.
I'm currently embattled with my exboyfriend over custody of my son. We had been together on and off for over 6 years with me finally leaving him for good in 05 when my son was 2. At the time of my sons conception we had literally JUST seperated and were living apart and both seeing other people. I found out I was pregnant, he found out and painted the whole white picket fence american ideals to get me back. I told him flat out I was sleeping with other people when my son was conceived and he still wanted to be daddy so to the naive 18 year old that I was it sounded like a good idea. Either way approximately a year ago he went and got an exparte order against me just flat out lying to the judge about my social life, my friends, and misquoting me to get his way. So at the hearing I didn't have any oppurtunity to defend myself against his allegations whatsoever, even though I had everything from medical records to bills with Phoenixs name and my address on them. Ex;s attorney sent mine an Affavdavit of paternity. I didnt want to sign it but my lawyer at the time said to just sign it so when all is said and done either we would be back together or I would get child support (trying to make it sound like a win-win situation I guess) and I signed it. Well nearly a year later the temporary order is still going on there has been no progress and I am at my wits end with it all. I read up on the statutes recently that said that the all documents related to Paternity had to have both parties SSN on them(which mine doesnt) and that I had 60 days to rescind it( which NO ONE told me about even after I expressed qualms with my decision). So now I am firing my lawyer and going pro se. But I was wondering if anybody knew of how well fighting this by technicalities would work? I really don't want to file the motion and look completely stupid but I also dont want any allegations of paternity fraud either.
I'm currently embattled with my exboyfriend over custody of my son. We had been together on and off for over 6 years with me finally leaving him for good in 05 when my son was 2. At the time of my sons conception we had literally JUST seperated and were living apart and both seeing other people. I found out I was pregnant, he found out and painted the whole white picket fence american ideals to get me back. I told him flat out I was sleeping with other people when my son was conceived and he still wanted to be daddy so to the naive 18 year old that I was it sounded like a good idea. Either way approximately a year ago he went and got an exparte order against me just flat out lying to the judge about my social life, my friends, and misquoting me to get his way. So at the hearing I didn't have any oppurtunity to defend myself against his allegations whatsoever, even though I had everything from medical records to bills with Phoenixs name and my address on them. Ex;s attorney sent mine an Affavdavit of paternity. I didnt want to sign it but my lawyer at the time said to just sign it so when all is said and done either we would be back together or I would get child support (trying to make it sound like a win-win situation I guess) and I signed it. Well nearly a year later the temporary order is still going on there has been no progress and I am at my wits end with it all. I read up on the statutes recently that said that the all documents related to Paternity had to have both parties SSN on them(which mine doesnt) and that I had 60 days to rescind it( which NO ONE told me about even after I expressed qualms with my decision). So now I am firing my lawyer and going pro se. But I was wondering if anybody knew of how well fighting this by technicalities would work? I really don't want to file the motion and look completely stupid but I also dont want any allegations of paternity fraud either.
