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question about crazy situation

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rimvydazas

Junior Member
Hi guys,
I have a question. I am in Ohio state. I am 22 and my wife 19.
a year ago I got married because my girlfriend said she is pregnant. everything seemed to be fine, the baby was born and so on. however, one guy appeared recently. he was claiming that the baby is not mine, but his. I was shocked! :eek: I did parental test and guess what?? the baby isnt mine... :confused:
anyway, I want annulment now and I dont know if I can do that. I married her because I thought she's gonna have my child. so, whats the steps of annulment and do I need a lawyer? what about costs?
is it possible to make changes in babys birth certificate because I am not the father...:(
 


Ohiogal

Ohiogal

Queen Bee
What kind of paternity test did you get? Was it court ordered? Did the man sue to establish paternity? Has he been LEGALLY found to be the father?
Ohio statutes on paternity are found here: http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC
A divorce is truthfully easier to obtain. You would have to prove fraud. Which you may not be able to do in this case.
The birth certificate can be changed if there is someone else who is legally adjudicated to be the father.
Filing fees for a divorce are anywhere from $200 to $300. Until another father is adjudicated and you are legally found NOT to be the father you will be responsible for child support.
Per law you can bring a paternity action:

§ 3111.04. Right to bring paternity action; stay pending birth; cooperation in administrative determination.



(A) An action to determine the existence or nonexistence of the father and child relationship may be brought by the child or the child's personal representative, the child's mother or her personal representative, a man alleged or alleging himself to be the child's father, the child support enforcement agency of the county in which the child resides if the child's mother is a recipient of public assistance or of services under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the alleged father's personal representative.
 
R

rimvydazas

Junior Member
u mean I still will be responsible for that child support even though he is not mine? my wife lied that he is mine...:confused:
 
B

BelizeBreeze

Senior Member
rimvydazas said:
u mean I still will be responsible for that child support even though he is not mine? my wife lied that he is mine...:confused:
Click to expand...
answer the question. Was this a home test or one done in a certified lab sanctioned by the court on motion?
 
G

georgiamommy

Junior Member
Paternity

First let me start off by saying, I am NOT an attorney. You need an attorney. My husband just went thru this as well. Wife became pregnant while he was in Iraq. 1991. Check out C arnell Smith's website; paternityfraud.com. You'll find your not alone. Also keep in mind Mr. Smith is NOT an attorney. Don't skimp on the attorney. It could mean the difference in paying child support for 18 years. Good luck.
 
Ohiogal

Ohiogal

Queen Bee
rimvydazas said:
it was certified lab test
Click to expand...
Which doesn't ANSWER the entire question. Was it ordered by the court? Or did you just go off and have it done by yourself? You NEED to answer the questions asked to you.
 
Ohiogal

Ohiogal

Queen Bee
georgiamommy said:
First let me start off by saying, I am NOT an attorney. You need an attorney. My husband just went thru this as well. Wife became pregnant while he was in Iraq. 1991. Check out C arnell Smith's website; paternityfraud.com. You'll find your not alone. Also keep in mind Mr. Smith is NOT an attorney. Don't skimp on the attorney. It could mean the difference in paying child support for 18 years. Good luck.
Click to expand...
And attorneys have been trying to help him but if he doesn't answer the questions he can't get help. As for paternityfraud.com -- anecdotal evidence does not help. Their FAQ is useless and doesn't speak anything about the law involved. It is a nice bunch of words strung together to act as a cheering section but it doesn't give any actual information that is useful. And some of the stuff is just wrong -- especially for people in Ohio. And why did it take your husband over 15 years to figure out he wasn't the father of his child? You said he JUST went through this.
 
G

georgiamommy

Junior Member
Paternity

If you re-read my post, I referenced him to the paternity fraud website to see how many other men have and are going thru the same situation. You will also notice, I pointed out Mr. Smith was NOT an attorney. He has updated his website, and you are correct in stating there doesn't seem to be any useful info in the FAQ's. His old site was more informative. To answer your question regarding why my hubby took 15 years? Well, he was married to the mom for the first 5 years. They were married a total of 7. HB369 was not signed into law in Georgia until 2002. It would have been a moot point to try anything before this bill passed, the way that the Georgia law was written. In 2002 we were in Europe. No way we could have acted at this point since we were not independently wealthy, and could not afford the multiple trips across the pond. When we returned in 2004, his soon, who was 14 decided to live with us. Instead of obtaining an attorney at that time, and going thru the proper legal channels, my hubby just decided he would stop paying child support for the daughter. His reasoning; "I have one child and she has one child and the child she has doesn't belong to me. She's smarter than to turn me in for non-support b/c she knows she would lose and then she would have to pay me child support for my son who now lives with me."
Tried to tell him she wasn't that smart. Guess what Einstein did? Turned him in for non-support. To make a long story even longer...they went to court. He presented his DNA evidence, she was sweating bullets thinking she will now have to pay child support. He agreed that she would pay no child support to him for the son, but if the son ever returned to her, that she could no longer collect from him. The reason he did this? He had retired from the military and was returning to Iraq as a contractor. He knew as soon as he left she would pick up the son, and file for child support again, just to get the big bucks he was earning in iraq. I wasn't going to go in to all of that but hey, you ask.:D BTW, our DNA test was not court ordered. We did it on our own in 2001 before leaving for Europe. We also mailed her a copy of it along with her child support check.
 
F

fairisfair

Senior Member
georgiamommy said:
If you re-read my post, I referenced him to the paternity fraud website to see how many other men have and are going thru the same situation. You will also notice, I pointed out Mr. Smith was NOT an attorney. He has updated his website, and you are correct in stating there doesn't seem to be any useful info in the FAQ's. His old site was more informative. To answer your question regarding why my hubby took 15 years? Well, he was married to the mom for the first 5 years. They were married a total of 7. HB369 was not signed into law in Georgia until 2002. It would have been a moot point to try anything before this bill passed, the way that the Georgia law was written. In 2002 we were in Europe. No way we could have acted at this point since we were not independently wealthy, and could not afford the multiple trips across the pond. When we returned in 2004, his soon, who was 14 decided to live with us. Instead of obtaining an attorney at that time, and going thru the proper legal channels, my hubby just decided he would stop paying child support for the daughter. His reasoning; "I have one child and she has one child and the child she has doesn't belong to me. She's smarter than to turn me in for non-support b/c she knows she would lose and then she would have to pay me child support for my son who now lives with me."

Tried to tell him she wasn't that smart. Guess what Einstein did? Turned him in for non-support. To make a long story even longer...they went to court. He presented his DNA evidence, she was sweating bullets thinking she will now have to pay child support. He agreed that she would pay no child support to him for the son, but if the son ever returned to her, that she could no longer collect from him. The reason he did this? He had retired from the military and was returning to Iraq as a contractor. He knew as soon as he left she would pick up the son, and file for child support again, just to get the big bucks he was earning in iraq. I wasn't going to go in to all of that but hey, you ask.:D BTW, our DNA test was not court ordered. We did it on our own in 2001 before leaving for Europe. We also mailed her a copy of it along with her child support check.
Click to expand...
Stop hijacking this poster's thread. he has the luxury of having two attorneys responding to him. Don't confuse things.
 
R

rimvydazas

Junior Member
Ohiogal said:
Which doesn't ANSWER the entire question. Was it ordered by the court? Or did you just go off and have it done by yourself? You NEED to answer the questions asked to you.
Click to expand...
ok ok. I havent had any tests yet. I am trying to find out what to do because I am 100% sure that child isnt mine.:confused:
 
R

rimvydazas

Junior Member
what if my wife agrees with everything? she agrees that the child isnt mine and that I am not responsible for child suport. can it help me somehow?
 
Ohiogal

Ohiogal

Queen Bee
rimvydazas said:
what if my wife agrees with everything? she agrees that the child isnt mine and that I am not responsible for child suport. can it help me somehow?
Click to expand...
Bring an action disproving paternity based on the lie. And have your wife testify. Also try to find out who the other man may be and petition the court for a paternity test.
 
R

rimvydazas

Junior Member
Ohiogal said:
Bring an action disproving paternity based on the lie. And have your wife testify. Also try to find out who the other man may be and petition the court for a paternity test.
Click to expand...
guys, how expensive it might be to hire an attorney?
 
Ohiogal

Ohiogal

Queen Bee
rimvydazas said:
guys, how expensive it might be to hire an attorney?
Click to expand...
It depends. Some attorneys do flat rate. Some attorneys charge anywhere from an average of $125 to $200 or more per hour. Contact your local bar association for a consult for approximately $30.
 
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