Reqless607
Junior Member
What is the name of your state (only U.S. law)? Montana
My main question is, when wanting to challenge an irrebuttable presumption of paternity, what would be considered fraud, duress or material state of fact?
I read the Montana paternity handbook and it said those things needed to be proven to argue an irresbuttable presumption and my family member wants to know exactly what that would need to be and I dont know what to tell him. Also it says it considers DNA test, how do you go about asking for paternity testing, we cant find any form for that, if he were to call child support enforcement would they give him the form?
The couple is married and seperated but during the last part of the time they were together he was at work out of state for 11months when she became pregnant with their youngest. He wanted to believe the child was, he is 6 now, and he rarely sees him. Out of the 3 children they have he is the only one the mother doesnt make visit with the father and she lets the kid call the live in boyfriend dad and recently he found emails to another guy talking about the kid being his, and other things to the same man being the childs father on public websites. Also what the "presumed" father is mainly worried about this finding this out is that the kid in question has on going health problems where the parents are questioned about their family health. Do the courts ever reverse a decision of paternity in these cases?
Well any answer to my main question would be helpful thank youWhat is the name of your state (only U.S. law)?
My main question is, when wanting to challenge an irrebuttable presumption of paternity, what would be considered fraud, duress or material state of fact?
I read the Montana paternity handbook and it said those things needed to be proven to argue an irresbuttable presumption and my family member wants to know exactly what that would need to be and I dont know what to tell him. Also it says it considers DNA test, how do you go about asking for paternity testing, we cant find any form for that, if he were to call child support enforcement would they give him the form?
The couple is married and seperated but during the last part of the time they were together he was at work out of state for 11months when she became pregnant with their youngest. He wanted to believe the child was, he is 6 now, and he rarely sees him. Out of the 3 children they have he is the only one the mother doesnt make visit with the father and she lets the kid call the live in boyfriend dad and recently he found emails to another guy talking about the kid being his, and other things to the same man being the childs father on public websites. Also what the "presumed" father is mainly worried about this finding this out is that the kid in question has on going health problems where the parents are questioned about their family health. Do the courts ever reverse a decision of paternity in these cases?
Well any answer to my main question would be helpful thank youWhat is the name of your state (only U.S. law)?
