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Paternity Question and Rights

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Sirdouglasb12

Junior Member
What is the name of your state (only U.S. law)? Brainerd, MN

My wife and I are heading towards a divorce. We have one child, just over 3 years old. At the time he was conceived, my wife cheated on me. There has always been a question of his paternity, which I was aware of. Now with the divorce, wife is threatening to have his paternity tested and if he's not mine, to disallow me any rights to him.

I am listed as his father on the birth certificate. I have also been the only father he has ever known. I was married to his mother at the time of conception and also at birth. Again, he is over 3 years old.

Is he legally considered to be my son? Can that be challenged? Can my parental rights be taken away?

Help!!!

ThanksWhat is the name of your state (only U.S. law)?
 


J

JKBee

Member
I do not know your state's laws, but here in WA there was a law put into effect about three years ago that says if paternity has not been questioned after two years, you ARE the father. DNA testing will not change this, either way. Check into the laws in your state on this.
 
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Proserpina

Senior Member
Sirdouglasb12 said:
What is the name of your state (only U.S. law)? Brainerd, MN

My wife and I are heading towards a divorce. We have one child, just over 3 years old. At the time he was conceived, my wife cheated on me. There has always been a question of his paternity, which I was aware of. Now with the divorce, wife is threatening to have his paternity tested and if he's not mine, to disallow me any rights to him.

I am listed as his father on the birth certificate. I have also been the only father he has ever known. I was married to his mother at the time of conception and also at birth. Again, he is over 3 years old.

Is he legally considered to be my son? Can that be challenged? Can my parental rights be taken away?

Help!!!

ThanksWhat is the name of your state (only U.S. law)?
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Neither you nor your wife can currently challenge paternity. Unless of course wifey wants to admit to fraud, and even then MN does NOT look kindly on such matters. You are legally the child's father and Mom can't change that.

Biological dad CAN challenge paternity right up until the child is 18.
 
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Proserpina

Senior Member
JKBee said:
I do not know your state's laws, but here in WA there was a law put into effect about three years ago that says if paternity has not been questioned after two years, you ARE the father. DNA testing will not change this, either way. Check into the laws in your state on this.
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JK, are you talking about this?

Either the man or the woman may challenge the affidavit in court. You will need to prove in Superior Court that you signed the form as a result of fraud, duress, or material mistake of fact. Effective June 13, 2002, the court will not allow the challenge after 2 years from the date the Paternity Affidavit was filed.
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If so, this restriction refers only to the mother or the presumed legal father - in other words, he who signed the AOP or was established by the court as father.

Washington State DOES allow paternity to be challenged by the biological father beyond this point.
 
LdiJ

LdiJ

Senior Member
Proserpina said:
Neither you nor your wife can currently challenge paternity. Unless of course wifey wants to admit to fraud, and even then MN does NOT look kindly on such matters. You are legally the child's father and Mom can't change that.

Biological dad CAN challenge paternity right up until the child is 18.
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There is a chance that is not accurate. Paternity may be able to be challenged as part of a divorce case. He should consult a local attorney to be certain.

To be honest, I would recommend testing and finding out for certain whether or not the child is biologically his. There is always the possibility that mom would get the actual biological father involved to challenge paternity. Its best to know upfront whether or not he may have to deal with that issue in the future.
 
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S

Sirdouglasb12

Junior Member
I don't know if it makes any difference or not, but when we found out my wife was pregnant, we looked at her periods of fertility and the dates she had sex with me and also with the other guy. While there was a remote chance it could have been him, the odds were much more likely that it was my DNA that caused this.

Over the last few months, my wife has started dropping little bombs indicating that she is questioning if I am in fact the father.
 
P

Proserpina

Senior Member
LdiJ said:
There is a chance that is not accurate. Paternity may be able to be challenged as part of a divorce case. He should consult a local attorney to be certain.

To be honest, I would recommend testing and finding out for certain whether or not the child is biologically his. There is always the possibility that mom would get the actual biological father involved to challenge paternity. Its best to know upfront whether or not he may have to deal with that issue in the future.
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MN is a bit weird that way. Even as part of a divorce proceeding Mom can't challenge OP's paternity unless she can not only show that there is a reasonable chance that OP ain't Dad but also get Presumed Dad to agree with her in the initial complaint.

But yes, I completely agree that he should seek local counsel and seriously consider testing anyway for the reasons you outlined.
 
J

JKBee

Member
. Effective June 13, 2002, the court will not allow the challenge after 2 years from the date the Paternity Affidavit was filed.
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Thanks, Proserpina. I got this from an attorney who obviously is not as well educated as people on this forum. This is very, very different from what an attorney recently presented to me. I appreciate you clearing this up for me and correcting what he said. He was very specific that after two years with a father on the birth certificate as such, there could be no paternity challenges. It is nice to see people like you who clear up poorly presented advice from paid legal services. Again, thanks.
 
P

Proserpina

Senior Member
JKBee said:
Thanks, Proserpina. I got this from an attorney who obviously is not as well educated as people on this forum. This is very, very different from what an attorney recently presented to me. I appreciate you clearing this up for me and correcting what he said. He was very specific that after two years with a father on the birth certificate as such, there could be no paternity challenges. It is nice to see people like you who clear up poorly presented advice from paid legal services. Again, thanks.
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That's actually quite worrying..I mean I make mistakes and correct my own info too when necessary but like you, I'd expect more from an attorney!

(You can tell him that there has very recently been a case in Whatcom County where biological Dad was able to - he was never married to Mom, and the child was 3 - successfully disestablish the original presumed father's paternity and establish his own)

And you're very welcome :)
 
J

JKBee

Member
Effective June 13, 2002, the court will not allow the challenge after 2 years from the date the Paternity Affidavit was filed.
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Thanks, Proserpina, for having a better understanding of this law than that of my lawyer. I am thinking of referring him to this forum so I can get the advice I pay for! Again, thanks.
 
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