Divorced, she has child, not mine, but legally?

[sean582]

It could be a simple as ASKING mom who dad is? Hey, I hear congratulations are in order. Who's dad so I can say congrats to him too?

She has told me who the dude is, totally not me, but she's a malicious girl, and I am just trying to make sure the law is on my side. I would like to be proactive and not just wait-and-see if she ever decides to summons me to court for a DNA test (in case I am deployed or something during the summons).

 

[Proserpina]

She has told me who the dude is, totally not me, but she's a malicious girl, and I am just trying to make sure the law is on my side. I would like to be proactive and not just wait-and-see if she ever decides to summons me to court for a DNA test (in case I am deployed or something during the summons).

You are protected from that - if you are deployed, no family law matters will be decided until you can address the situation.

 

[my life is mine]

[/B]
You are protected from that - if you are deployed, no family law matters will be decided until you can address the situation.

Only if soldier or sailor act on it, they have to invoke SCRA, so if soldier or sailor is not aware of a court date then he/she cannot invoke SCRA.

A Judge does not invoke it without documentation from Command.

 

[Proserpina]

Only if soldier or sailor act on it, they have to invoke SCRA, so if soldier or sailor is not aware of a court date then he/she cannot invoke SCRA.

A Judge does not invoke it without documentation from Command.

I'd ASS-umed that was sort of a given....

 

[Ohiogal]

Basically, the "father" of the child needs to step up to the plate here. an AOP is "acknowledgement of paternity" which can be signed at the hospital.

he should be able to file to modify the divorce decree due to the fact that MOM lied and committed fraud by not revealing her pregnancy. Then he can disestablish paternity as part of the divorce proceedings and have it modified right there. That is what I would suggest and what I would attempt. Then it doesn't matter if real daddy steps up or not.

 

[CJane]

he should be able to file to modify the divorce decree due to the fact that MOM lied and committed fraud by not revealing her pregnancy. Then he can disestablish paternity as part of the divorce proceedings and have it modified right there. That is what I would suggest and what I would attempt. Then it doesn't matter if real daddy steps up or not.

Even if Mom didn't know she was pregnant?

Even if no one ASKED Mom if she was pregnant?

And if someone DID ask Mom (under oath) if she was pregnant, and she KNEW she was, and she said no, isn't that perjury, and not fraud?

 

[Ohiogal]

Even if Mom didn't know she was pregnant?

Even if no one ASKED Mom if she was pregnant?

And if someone DID ask Mom (under oath) if she was pregnant, and she KNEW she was, and she said no, isn't that perjury, and not fraud?

It would not have been perjury or fraud if mom was not aware she was pregnant. Perjury if she did know but it could also arise to fraud in order to obtain a divorce. That however would be the easiest way to deal with the paternity issue. Actually he could do it under MISTAKE OF FACT if not fraud.