Dna Test Reveals A Mismatch

[randissimo]

I live in Michigan and recently discovered after paying child support from 1984 to 1997 that I am not the father after all! It turns out I, and the woman I had believed to be my daughter have been lied to all these years by the mother. A DNA test was recently done and turned out a mismatch!

I foolishly signed the paternity document in 1983 believing at the time I was the child's father. For 13 and a half years I was harassed by the mother and the friend of the court. Is there anything I can do to get back the money?

 

[stealth2]

Probably not, since you voluntarily accepted paternity.

 

[randissimo]

Probably not, since you voluntarily accepted paternity.

Thanks for taking the time to reply..

 

[rmet4nzkx]

Why didn't you get a DNA test sooner? But, yes you may disestablish paternity, please see an attorney for further details of your options.

The Michigan statute covering revocation of an acknowledgement of paternity follows.

722.1011.

Sec. 11. (1) The mother or the man who signed the acknowledgment, the child who is the subject of the acknowledgment, or a prosecuting attorney may file a claim for revocation of an acknowledgment of parentage. If filed as an original action, the claim shall be filed in the circuit court of the county where either the mother or man resides. If neither of those parties lives in this state, the claim shall be filed in the county where the child resides. A claim for revocation may be filed as a motion in an existing action for child support, custody, or parenting time in the county where the action is and all provisions in this act apply as if it were an original action.

(2) A claim for revocation shall be supported by an affidavit signed by the claimant setting forth facts that constitute 1 of the following:

(a) Mistake of fact.
(b) Newly discovered evidence that by due diligence could not have been found before the acknowledgment was signed.
(c) Fraud.
(d) Misrepresentation or misconduct.
(e) Duress in signing the acknowledgment.

(3) If the court finds that the affidavit is sufficient, the court may order blood or genetic tests at the expense of the claimant, or may take other action the court considers appropriate. The party filing the claim for revocation has the burden of proving, by clear and convincing evidence, that the man is not the father and that, considering the equities of the case, revocation of the acknowledgment is proper.

(4) A copy of the order of revocation shall be forwarded by the clerk of the court to the state registrar. The state registrar shall vacate the acknowledgment and may amend the birth certificate as prescribed by the order of revocation.

(5) Whether the claim for revocation under this act arises as an original action or as a motion in another action, the prosecuting attorney, an attorney appointed by the county, or an attorney appointed by the court is not required to represent either party regarding the claim for revocation.

 

[LdiJ]

Well...unless he is concerned about estate planning what's the point of dis-establishing paternity now? If she was 18-19 in 1997, then she has to be 27-28 now....and maybe even older if he paid child support through the college years. He also needs to take into consideration his relationship with her. She may not be his daughter biologically, but she may be his daughter psychologically.

 

[rmet4nzkx]

Well...unless he is concerned about estate planning what's the point of dis-establishing paternity now? If she was 18-19 in 1997, then she has to be 27-28 now....and maybe even older if he paid child support through the college years. He also needs to take into consideration his relationship with her. She may not be his daughter biologically, but she may be his daughter psychologically.

My answer is based on the facts OP presented not what you are reading into it. If op provides more facts or another question, that is a different story.

 

[stealth2]

None of which means he's going to be getting his money back - which is the question he asked.

 

[rmet4nzkx]

None of which means he's going to be getting his money back - which is the question he asked.

But that is where he would have to start, disestablishing paternity.

Michigan passed a law in July, 1993 mandating all birthing hospitals to provide the opportunity for unwed parents to acknowledge paternity voluntarily as part of the birth registration process. This legislation provides consistency and uniformity of hospital paternity establishment.

op was coerced into signing an AOP in 1983 at a time when DNA testing was not used to determine paternity, the statutes below are amended and not reflective of the 1983 so it is possible that OP may have some cause of action for paternity fraud.

THE PATERNITY ACT (EXCERPT) Act 205 of 1956 ... that foundation testimony or other proof of authenticity or accuracy is necessary for admission of the DNA ...
http://www.legislature.mi.gov/mileg.asp?page=getObject&objName=mcl-722-716

Act 288 of 1939. 712.12 Blood or tissue typing or DNA identification profile; summary report of result; objection; admissibility; presumption of paternity ...
http://www.legislature.mi.gov/(dg2kul45ofla0y55zq2ivy55)/mileg.aspx?page=getObject&objectName=mcl-712-12&highlight=

 

[stealth2]

Where does he say he was coerced? All he said is that he foolishly signed the AoP. You're reading between lines again, met. Wouldn't it be wiser to simply ask OP?

 

[randissimo]

Where does he say he was coerced? All he said is that he foolishly signed the AoP. You're reading between lines again, met. Wouldn't it be wiser to simply ask OP?

I, and the woman I thought was my daughter were lied to by the mother right up to the DNA test results in October. I never had a serious relationship with this woman and didn't know anything about her promiscuous lifestyle and problems with drugs and alcohol. In late 1983 the child was 4 yrs old when her mother decided to contact me about signing a document that would establish myself as the child's father and assured me I would not be obligated in any way, that it was her wish to raise the child independently as a single parent with no involvement with me. The day I went to sign the document she was again pregnant. Suspicious, I suggested a blood test and she became furious and threatened to take me to court for all the child's expenses incurred since the child's birth. I was young and unemployed and out of fear and apprehension, allowed myself to be intimidated into signing the paternity papers by the mother of the child. In early 1984, the Michigan Friend Of The Court became involved, setting up a monthly payment schedule. When I asked the case worker if I could still get a bloodtest done she said the case was closed and that was no longer possible. And the child's mother was adamantly against consenting to a test, which only reinforced my suspicion and doubts that I was the child's father. I tried several times to get the case reviewed and was unsuccesful. In 1986 I was living in Oakland, Ca and recieved a URESA notice that my case had been transfered from Michigan to Oakland, that I was to appear in the Oakland, Ca court. I tried to get my case reviewed to get a bloodtest done and my request was denied by the Oakland court.


In 1997, child support was terminated and the alleged daughter now a legal adult, was at that time reluctant to get a DNA test done and offended that I would even suggest it, and believing the results would for sure come back a match.

Last September, I finally convinced the alleged daughter, now 27 yrs old to get a DNA test done for everybody's peace of mind. Right up to the day she recieved the devastating results of the test, she had believed wholeheartedly that I was her father based on her mother's outrageous lie!

I have paid this woman thousands of dollars based on her false accusation.
The damage to her daughter and myself goes way beyond the money.

 

[rmet4nzkx]

So you were coerced and there was fraud. The laws and options for proving paternity were also different.

Since the Alameda Co DCSS was enforcing a MI order, you would not have had any redress there, hopefully the record will show that you did attempt to challenge over the years. There is a means of disestablishing paternity as previously posted and since the date of discovery was just October you may have some options. Were you allowed to have a relationship with this child/woman? You may want to check with attorney's in both MI and CA insofar as the fraud.

 

[randissimo]

So you were coerced and there was fraud. The laws and options for proving paternity were also different.

Since the Alameda Co DCSS was enforcing a MI order, you would not have had any redress there, hopefully the record will show that you did attempt to challenge over the years. There is a means of disestablishing paternity as previously posted and since the date of discovery was just October you may have some options. You may want to check with attorney's in both MI and CA insofar as the fraud.

Were you allowed to have a relationship with this child/woman?

Though it was never much of a relationship I was allowed to have a relationship with the alleged daughter. She had many father abandonment issues and often angry with me and not much effort was really made by the child/woman to develop a real relationship with me, and most of her lfe we have lived in different parts of the country.

 

[rmet4nzkx]

Though it was never much of a relationship I was allowed to have a relationship with the alleged daughter. She had many father abandonment issues and often angry with me and not much effort was really made by the child/woman to develop a real relationship with me, and most of her lfe we have lived in different parts of the country.

And since the DNA test?

 

[randissimo]

And since the DNA test?

She was very blown away by the test results and contacted me only once in late November because a man her mother believes now could be her father wanted to ask me some questions about the DNA test, and would it be ok with me if he called. She said she planned to write me after she sorted out her feelings. I really don't expect to hear from her again.

 

[randissimo]

She was very blown away by the test results and contacted me only once in late November because a man her mother believes now could be her father wanted to ask me some questions about the DNA test, and would it be ok with me if he called. She said she planned to write me after she sorted out her feelings. I really don't expect to hear from her again.

At this point I am going to just put this whole f*cking mess behind me. I have more than paid the dues for not getting legal counsel at the beginning of this unfortunate situation. I really don't believe I stand much of a chance of getting back any of the money the mother of the child extorted from me, and I definately cannot afford to hire an attorney to sort out this complex mess.. Hi ho, so it goes... We live and learn from our mistakes..