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How can I defend myself?

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rsp1975

Junior Member
I'm 25, My ex girlfriend and I had a child, he is 7 months old. Here my strange story. She is receiving disability insurance for something that is not very clear to me. When we found out she was pregnant, her mother told me that I needed to pretend I was her brother and not to say I was her boyfriend because then she would lose benefits. Like a moron I did that. When my son was born I was not allowed in the delivery room and her mom once again said I was her brother. The next day I was sent to run errands and when I returned to the hospital I found out the paperwork had been submitted without me being present. Later I found that my last name was used as his middle name and her last name was given to him instead. The mother and my ex kicked me out of the house and I proceeded to fight for the baby's visitation rights which I was granted. I had told the judge that I cannot go to her house to see him because of the abuse I endured there. My ex keeps thinking we will get back together but I cannot because of the abuse. 2 weekends I saw my child and everything was fine. When I told her I wanted nothing to do with her except see my child she went ahead and filed for child support. My court date is in 2 days and I would like to know how I can defend myself or what can I say to plea my case?
 


Zigner

Senior Member, Non-Attorney
I'm 25, My ex girlfriend and I had a child, he is 7 months old. Here my strange story. She is receiving disability insurance for something that is not very clear to me. When we found out she was pregnant, her mother told me that I needed to pretend I was her brother and not to say I was her boyfriend because then she would lose benefits. Like a moron I did that. When my son was born I was not allowed in the delivery room and her mom once again said I was her brother. The next day I was sent to run errands and when I returned to the hospital I found out the paperwork had been submitted without me being present. Later I found that my last name was used as his middle name and her last name was given to him instead. The mother and my ex kicked me out of the house and I proceeded to fight for the baby's visitation rights which I was granted. I had told the judge that I cannot go to her house to see him because of the abuse I endured there. My ex keeps thinking we will get back together but I cannot because of the abuse. 2 weekends I saw my child and everything was fine. When I told her I wanted nothing to do with her except see my child she went ahead and filed for child support. My court date is in 2 days and I would like to know how I can defend myself or what can I say to plea my case?
I don't understand what you are asking for? Are you trying to find out how you can avoid paying child support for your child?
 

Proserpina

Senior Member
I'm 25, My ex girlfriend and I had a child, he is 7 months old. Here my strange story. She is receiving disability insurance for something that is not very clear to me. When we found out she was pregnant, her mother told me that I needed to pretend I was her brother and not to say I was her boyfriend because then she would lose benefits. Like a moron I did that. When my son was born I was not allowed in the delivery room and her mom once again said I was her brother. The next day I was sent to run errands and when I returned to the hospital I found out the paperwork had been submitted without me being present. Later I found that my last name was used as his middle name and her last name was given to him instead. The mother and my ex kicked me out of the house and I proceeded to fight for the baby's visitation rights which I was granted. I had told the judge that I cannot go to her house to see him because of the abuse I endured there. My ex keeps thinking we will get back together but I cannot because of the abuse. 2 weekends I saw my child and everything was fine. When I told her I wanted nothing to do with her except see my child she went ahead and filed for child support. My court date is in 2 days and I would like to know how I can defend myself or what can I say to plea my case?
Are you sure that's how it went down? If you're not married, you have to sign the paternity papers yourself....she can't just put your name down.


I'm not sure what you need. You can't fight child support - if you're Dad, that's all there is to it.
 

rsp1975

Junior Member
I am willing to pay whatever the court orders I just need to know if I should bring this up to the judge in 2 days or if it's irrelevant.
 

Zigner

Senior Member, Non-Attorney
I am willing to pay whatever the court orders I just need to know if I should bring this up to the judge in 2 days or if it's irrelevant.
Bring WHAT up to the court?

ETA: The things you have posted above or irrelevant to the matter of child support.
 

rsp1975

Junior Member
Yes I am sure that's how it went down. When I returned to the hospital she said they had come and everything was signed
 

rsp1975

Junior Member
Child support and child visitations are completely different I know that. Do I tell the judge what happened or should I have done that during the visitation phase?
 

LdiJ

Senior Member
Child support and child visitations are completely different I know that. Do I tell the judge what happened or should I have done that during the visitation phase?
What happened basically isn't relevant at this point. However, yes, if it was to be mentioned at all it should have been mentioned during the visitation phase. You are going to be paying child support no matter what.
 

cbg

I'm a Northern Girl
I cannot figure out what you are talking about.

Be specific. WHAT is it that you are asking if you should tell the judge about?
 

Zigner

Senior Member, Non-Attorney
California
What paperwork are you claiming was filled out? You would have had to have signed an acknowledgement of paternity (AoP) in order to be put on the birth certificate. You have no say in the name of the child (even if you signed the AoP). Whether or not you signed the AoP doesn't matter at all at this point because the court found that you were the legal father when it allowed you visitation.
 

Zigner

Senior Member, Non-Attorney
Can I request a modification to the visitations then? I cannot see my child in her home
You can see the child wherever you want unless the order specifically states that you must visit in the mother's home.
 

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