Challenging Established Paternity

[PageFaith]

About 6-7 years ago my ex-girlfriend gave birth to our son in West Virginia. At the time I didn't doubt her claims that the child was mine, so I signed the birth certificate (stupidly). Over the years, however, I've come to believe that the child isn't mine, and that she knew this at the time. She claimed, for example, three days after we had sex that she just "knew that she was pregnant." She then claimed that she had gone to a clinic and that the doctor had given her a "double dose" of the morning after pill. When we went to the doctor the first time, the ultrasound showed that the child was perhaps 4-6 weeks farther along than it should have been. She then kept telling me, over and over again, that every baby in her family had been born early and that this one would be too, even though it was her first child. I thought I was in love so I ignored all this and just signed the papers. I also now know from her roommate that she was having sex with at least one other person at about the same time. I have asked her for a DNA test, but she refuses. And since I live in Illinois I haven't seen my son in several years.

She recently moved out of West Virginia but the case remains in Ritchie County. Do I have any recourse, at all, or am I just stuck?What is the name of your state (only U.S. law)?

 

[Proserpina]

About 6-7 years ago my ex-girlfriend gave birth to our son in West Virginia. At the time I didn't doubt her claims that the child was mine, so I signed the birth certificate (stupidly). Over the years, however, I've come to believe that the child isn't mine, and that she knew this at the time. She claimed, for example, three days after we had sex that she just "knew that she was pregnant." She then claimed that she had gone to a clinic and that the doctor had given her a "double dose" of the morning after pill. When we went to the doctor the first time, the ultrasound showed that the child was perhaps 4-6 weeks farther along than it should have been. She then kept telling me, over and over again, that every baby in her family had been born early and that this one would be too, even though it was her first child. I thought I was in love so I ignored all this and just signed the papers. I also now know from her roommate that she was having sex with at least one other person at about the same time. I have asked her for a DNA test, but she refuses. And since I live in Illinois I haven't seen my son in several years.

She recently moved out of West Virginia but the case remains in Ritchie County. Do I have any recourse, at all, or am I just stuck?What is the name of your state (only U.S. law)?

It's too late for you to disestablish paternity.

You can absolutely file to establish a visitation order though.

 

[Silverplum]

If you could, which you can't, my question is: To what end?

 

[mistoffolees]

If you could, which you can't, my question is: To what end?

Considering that OP is named 'PageFaith', I'm betting it's Dad's GF.

The objective is probably to eliminate child support.

 

[Proserpina]

The objective is probably to eliminate child support.

Given that the post is in the child support forum....yup!

 

[Silverplum]

Considering that OP is named 'PageFaith', I'm betting it's Dad's GF.

The objective is probably to eliminate child support.

Yeah, I just wanted to stir up that bubbly pot.

 

[Antigone*]

Yeah, I just wanted to stir up that bubbly pot.

Yep, just like the other thread where "Nachobaybe" was the dad

 

[nextwife]

About 6-7 years ago my ex-girlfriend gave birth to our son in West Virginia. At the time I didn't doubt her claims that the child was mine

The child IS yours. You signed the birth certificate. Once done and unchallenged this long, the biology makes no more difference than if you'd adopted her.

In other words, she is yours because you are her legal dad. Period. Genes no longer matter. Foregt all the stories about her pregnancy, who said what, blah, blah, blah. It is legally irrelevant.

 

[CSO286]

About 6-7 years ago my ex-girlfriend gave birth to our son in West Virginia. At the time I didn't doubt her claims that the child was mine, so I signed the birth certificate (stupidly). Over the years, however, I've come to believe that the child isn't mine, and that she knew this at the time. She claimed, for example, three days after we had sex that she just "knew that she was pregnant." She then claimed that she had gone to a clinic and that the doctor had given her a "double dose" of the morning after pill.

I am going to tackle this little bit becasue I know a thing or two about the morning after pill.

If she is already pregnant, the morning after pill will not terminate the pregnancy. What is does is prevent a fertilized egg from attaching to the uterine wall.
If a fertilized egg has already done so, then the morning after pill isn't really going ot do anything to the woman besides cause cramping.

 

[LdiJ]

I am going to tackle this little bit becasue I know a thing or two about the morning after pill.

If she is already pregnant, the morning after pill will not terminate the pregnancy. What is does is prevent a fertilized egg from attaching to the uterine wall.
If a fertilized egg has already done so, then the morning after pill isn't really going ot do anything to the woman besides cause cramping.

I don't understand. I know a young lady, who in the last month was given that pill as a replacement for an abortion. They gave her an ultrasound ahead of time to make sure that she was not too far along, gave her the pill, and then gave her an ultrasound a week later to make sure that it worked.

Could we be talking about two different kinds of pills? I have to admit that I am not up on much regarding reproduction these days since its no longer an issue for me.

 

[Proserpina]

I don't understand. I know a young lady, who in the last month was given that pill as a replacement for an abortion. They gave her an ultrasound ahead of time to make sure that she was not too far along, gave her the pill, and then gave her an ultrasound a week later to make sure that it worked.

Could we be talking about two different kinds of pills? I have to admit that I am not up on much regarding reproduction these days since its no longer an issue for me.

Two different pills.

Two different processes.



(One is meant to prevent conception from occurring - the other will terminate an existing pregnancy)

http://contraception.about.com/b/2009/02/02/ru486-vs-plan-b.htm

 

[CJane]

I don't understand. I know a young lady, who in the last month was given that pill as a replacement for an abortion. They gave her an ultrasound ahead of time to make sure that she was not too far along, gave her the pill, and then gave her an ultrasound a week later to make sure that it worked.

Could we be talking about two different kinds of pills? I have to admit that I am not up on much regarding reproduction these days since its no longer an issue for me.

Two different pills.

There is an "abortion pill" and a "morning after pill". The "morning after pill" is basically a HUGE dose of birth control pills. It will NOT terminate a pregnancy, it will only (maybe) prevent one from happening. However, its effectiveness varies even in that respect, and is only about 80%, I believe.

 

[ecmst12]

It's not THAT huge of a dose of BC pills either. The idea is that it induces a period so if there's a fertilized egg there, it can't implant. 3 days after the act is probably too late, it needs to be taken WITHIN 72 hours of intercourse. And if implantation has already occurred, the hormones in the pills are just a drop in the bucket compared with what the body is already making.

 

[LdiJ]

Two different pills.

There is an "abortion pill" and a "morning after pill". The "morning after pill" is basically a HUGE dose of birth control pills. It will NOT terminate a pregnancy, it will only (maybe) prevent one from happening. However, its effectiveness varies even in that respect, and is only about 80%, I believe.

Thanks Proserpina and CJane for educating me on the subject. I need to pay more attention to what's going on out there sometimes..