Opinions sought! Long, Long Read

[luckyshot]

What is the name of your state? Kentucky

I am seeking opinion or thoughts, even suggestions, on this issue at hand. My ex-girlfriend became pregnant, and claimed that this was my child. I did believe that the child might be mine, but had serious doubts also. No need on the background, but I can start where the legal issues took their toll.

I filed what is called a "Putative Father Claim", claiming in general, that I am the "alleged" father of the child that she conceived. Therefore, I sought a paternity test through a motion to compel dna testing filed by our county attorney. I then preceded to a hearing, in which the judge set a date for the testing, and she was even ordered ten days incarceration if she did not comply of the test. Why is that? She had proceded to dodge about four attempts to establish paternity.

I showed up the day of the test, to find out that a protective order had been filed and I had been declared the natural father of this child. I was told this why preceding to get a swab of dna. Even though this was revealed to me, I proceded to go on with the test so they would have my sample.

I was then notified the next month that a child support hearing had been set. I did not receive a copy of the order claiming myself the father (until I retained counsel), and the reason for the dismissal of dna is due to this fact: Considering I filed a claim stating I was the alleged father, then I am relaying the fact that I am the father.

During the child support hearing, I specifically requested to the judge that paternity should be established due to the fact of new evidence I found after the child was born. I was overruled. Child support established with no DNA proof that I am the biological father of this child.

I then took the matter one step further, and had another round of motions filed stressing the need for the DNA test. I was denied again, but I did obtain temporary visitation for the time being. However, the defense also requested that an order be established so that no DNA test can be done while the child is with me during visitation. This was ordered from the court.

Now, this is where I stand currently. If you've made it this far, then you must have some opinion or suggestion. I do have an attorney at the time, but it seems that it will be months if not years before I can establish paternity of this child. This is an important lesson to anyone experiencing an issue like this. Under the law of Kentucky, I should have never approached the issue, but how can you morally not approach an issue such as this? So, I am currently paying child support for a child that could possibly not be mine, and have been shot down trying to get a DNA test over three times.

Thoughts/Comments, Suggestions?

Thanks for the time!

 

[eme76]

i can not give legal advice but...

i can wish you luck with the situation
i have a friend who had a simalar thing happen (in CA) unfortunatly for him the child was 3 before dna was done and it was proven NOT to be his child he however is still paying court ordered child support (aprox$400 per mo) because the court decided it was in the best intrest of the child
GOOD LUCK

 

[nextwife]

i can wish you luck with the situation
i have a friend who had a simalar thing happen (in CA) unfortunatly for him the child was 3 before dna was done and it was proven NOT to be his child he however is still paying court ordered child support (aprox$400 per mo) because the court decided it we in the best intrest of the child
GOOD LUCK

Gee, maybe it would be "in the best interest " of MY child if Bill Gates payed CS for her? Doesn't matter that he is not her parent - SHE'D benefit monetarilly!

 

[eme76]

Gee, maybe it would be "in the best interest " of MY child if Bill Gates payed CS for her? Doesn't matter that he is not her parent - SHE'D benefit monetarilly!

he had been paying since the child was 3mo old and therefore it was "in the best interst of the child" for the payments to continue
fyi the child is 9yrs now and he is still paying
i am not saying it is right or fair just that it happens

 

[fairyclass]

Keep appealing.. The courts say does have the overall say so. However, if you could get a witness, such as your ex girlfriend's friend with benefits, after you, of course, to state that he had romantic relations, then you may have a case. I imagine that this would be near impossible, however, seeing how this would mean he MAY have to pay child support. Ouch on his part. Get anything in writing you can, documentation is the key, or else the courts state that you have "hear say," meaning no REAL proof. I am sorry this advice is not more uplifting, but if you have any mutual friends who may be willing to give you a written statement then you may have a shot, other than so many months/years away from an appeal date. Good luck, and I do wish you luck... Hey, you could always call the Maury Show!

 

[luckyshot]

Thanks for the responses.

I'm still in the process of trying to get the DNA test done. The judge actually recommended two cases for my attorney to review to help him in this matter. It could be much worse, considering I could have been denied visitation completely. At least if I can gain joint custody, private testing would be optional, just not at the moment. I can't go against the court order and lose visitation completely.

But thanks for the replies!

 

[stealth2]

Your problem is that you voluntarily signed the Putative Father Claim - effectively acknowledging that this is your child.

 

[casa]

Your problem is that you voluntarily signed the Putative Father Claim - effectively acknowledging that this is your child.

And so did eme76's friend if that's how their case went down in CA.

 

[Ohiogal]

Keep appealing.. The courts say does have the overall say so. However, if you could get a witness, such as your ex girlfriend's friend with benefits, after you, of course, to state that he had romantic relations, then you may have a case. I imagine that this would be near impossible, however, seeing how this would mean he MAY have to pay child support. Ouch on his part. Get anything in writing you can, documentation is the key, or else the courts state that you have "hear say," meaning no REAL proof. I am sorry this advice is not more uplifting, but if you have any mutual friends who may be willing to give you a written statement then you may have a shot, other than so many months/years away from an appeal date. Good luck, and I do wish you luck... Hey, you could always call the Maury Show!

His appeal would have no merit because the fact is he said he was the father. The court agreed with that assessment and hence that became fact. There is no appeal of FACT. He said he was the father. He admitted it and there was no DNA test done. He should have had the DNA if he wanted one before telling the court he was the dad. Appeals can only be done on mistakes of law. Not a mistake of fact.

 

[stealth2]

In other words - no take-backs.

 

[NotSoNew]

do you even know if you are the father or not at this point?

i would do my own DNA test, you know a private one (assuming you have visitation of the child) and then you would know and this might all be a moot point! if your private tests reveals you ARE the father anyway then its done. if it reveals you are not the father, then you have problems.

 

[Ohiogal]

In other words - no take-backs.

Yep. Pretty much

 

[casa]

do you even know if you are the father or not at this point?

i would do my own DNA test, you know a private one (assuming you have visitation of the child) and then you would know and this might all be a moot point! if your private tests reveals you ARE the father anyway then its done. if it reveals you are not the father, then you have problems.

You may have missed where OP stated: "However, the defense also requested that an order be established so that no DNA test can be done while the child is with me during visitation. This was ordered from the court."

So if he does do a DNA test...he's breaking the court order.

 

[luckyshot]

I have to agree with the fact that the Putative Father claim did screw me in the end, but this was the only way to approach a DNA test from a legal standpoint. I did not ADMIT in the putative father claim that I was the father, I was the alleged father from her words. In her answer, she admitted I was the father.

Also, the court order can prevent me from doing DNA legally during the next three months as a phasing period for the child. After this three month phasing period is up, I will go after joint custody and more than likely receive it.

Court order or not, after that time, there will be a private DNA test done, with or without the courts. If the child doesn't turn out to be mine, then there is a motion to be filed, according to the county attorney, that would dismiss me as the father.

Also, the putative father claim, to the best of my knowledge, was used to garner a DNA test from the lady. Even a motion to compel DNA testing was filed, but it was all swept under the rug. When you live in a crooked county, some things can get done the easy way.

Again, thanks for all the input, hope to hear more!

 

[Ohiogal]

I have to agree with the fact that the Putative Father claim did screw me in the end, but this was the only way to approach a DNA test from a legal standpoint. I did not ADMIT in the putative father claim that I was the father, I was the alleged father from her words. In her answer, she admitted I was the father.



HOWEVER YOU DID SAY THIS IN YOUR OP: Considering I filed a claim stating I was the alleged father, then I am relaying the fact that I am the father.

Also, the court order can prevent me from doing DNA legally during the next three months as a phasing period for the child. After this three month phasing period is up, I will go after joint custody and more than likely receive it.

Court order or not, after that time, there will be a private DNA test done, with or without the courts. If the child doesn't turn out to be mine, then there is a motion to be filed, according to the county attorney, that would dismiss me as the father.

If you disobey the court order you are looking at facing consequences starting with contempt of court. YOU ALREADY CLAIMED YOU WERE THE FATHER. You cannot take that back.

Also, the putative father claim, to the best of my knowledge, was used to garner a DNA test from the lady. Even a motion to compel DNA testing was filed, but it was all swept under the rug. When you live in a crooked county, some things can get done the easy way.

Again, thanks for all the input, hope to hear more!

Your county is not crooked based on what you have said. You have said you filed a claim admitting you were the father. YOU made the error. The county believed you when you claimed you were the father rendering a DNA test unnecessary. They now are doing what is in the best interest of the child when it comes to the child having a relationship with both parents.
Do you want joint custody or not? Because you can't go after joint custody and do a paternity test against court orders. If you did do a test against court orders (which would require medical testing of the child for which you do not have a say so considering you have no legal custody) you are facing a lot of problems and possible lawsuit. Also the court would look at your actions as being unable to follow their orders and take that into consideration when setting any visitation/custody.