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child being taken out of town without consent...

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BelizeBreeze

Senior Member
As I've said about three times... I am the friend of the mother. I started this thread. I called the sister (who is my best friend) and she offered more facts for me to get more thorough advice. It strayed and now it's comical.
O.K. so now that the idiot is gone, Sit her down and have a 'come to Jesus' meeting with her. And here are the FACTS.

1. The AOP CAN be contested (disestablished) if done within a specific timeframe. This is not a married couple so there is no assumption of paternity which requires the presumption to be contested within 300 days of the divorce.

2. The Child Support Agency is not a court of last resort. Therefore, they have no rulemaking authority. They are policy managers. Simply put, that means that they are charged with following the laws and regulations put into place by the state legislature. One of those laws gives unmarried fathers the right to rescind an Acknowledgement of Paternity within a specific timeframe Parker v. Parker

I would suggest you find the case and read it carefully. Although it is not exactly on-point, as the combatants were married at the time of paternity disestablishment, the plight of unmarried couples is also addressed.

3. The alleged father has the right to disestablish paternity though the courts by filing a petition for paternity establishment. In this case, there is a difference between intrinsic and extrinsic fraud. The former is between married couples where the question of paternity can and should be raised during trial (divorce proceedings). If not raised then, there is a one-year Statute of limitations to bring such a suit.

With Extrinsic fraud, there is no sol.

So, tell smartass friend to find a good family law attorney because if I were this alleged father's attorney, I would immediately file a family action petition to establish paternity which would stay the CS proceedings until the results were found.

And the next time you come here, tell anyone else who you 'invite' to start their own thread or to make clear that they are the person being discussed.
 
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