disestablishing paternity?

[kimkar]

What is the name of your state? Ca
I need some help! I will give a little background, 4 yrs ago I had a bofriend we were having problems, and made the big mistake of having an affair, my boyfriend at the time did not wanted to acknowledge my daughter, after a year of my dd being born i contacted the other guy, to make it short, he singed an AOP, he moved to another state FL. and I was just served yesterday, with custody papers, we both know now he is not he dad, he had privated DNA done, the bio dad is in jail, now here is the question, how do I go about disestablishing his paternity, he has being very good to my dd while he lived here he helped me a lot, but I think it is only fair for my daughter to know how her real dad is, please help me!

edit to add: he does not want his name to be removed for my dd birth certificate, also, I have no money I am currently unemployed, I heard I can hire an attorney and ask the court for him to pay for it, can I do that?
Thank you

 

[ceara19]

What is the name of your state? Ca
I need some help! I will give a little background, 4 yrs ago I had a bofriend we were having problems, and made the big mistake of having an affair, my boyfriend at the time did not wanted to acknowledge my daughter, after a year of my dd being born i contacted the other guy, to make it short, he singed an AOP, he moved to another state FL. and I was just served yesterday, with custody papers, we both know now he is not he dad, he had privated DNA done, the bio dad is in jail, now here is the question, how do I go about disestablishing his paternity, he has being very good to my dd while he lived here he helped me a lot, but I think it is only fair for my daughter to know how her real dad is, please help me!

edit to add: he does not want his name to be removed for my dd birth certificate, also, I have no money I am currently unemployed, I heard I can hire an attorney and ask the court for him to pay for it, can I do that?
Thank you

The time to think about wanting your child to know the "truth" would have been BEFORE you decided to commit FRAUD and allow someone that you KNEW was not the biological father to claim otherwise.

A 4 year old child is NOT capable of understanding why mommy is taking her for a ride on the "daddy-go-round". At this age, you could be doing much more harm then good to the child. Besides, why in the world would you WANT your daughter to have a CONVICTED CRIMINAL that is currently IN PRISON as a father instead of a man who, according to your own words, " has being very good to my dd while he lived here he helped me a lot"?

 

[kimkar]

The time to think about wanting your child to know the "truth" would have been BEFORE you decided to commit FRAUD and allow someone that you KNEW was not the biological father to claim otherwise.

A 4 year old child is NOT capable of understanding why mommy is taking her for a ride on the "daddy-go-round". At this age, you could be doing much more harm then good to the child. Besides, why in the world would you WANT your daughter to have a CONVICTED CRIMINAL that is currently IN PRISON as a father instead of a man who, according to your own words, " has being very good to my dd while he lived here he helped me a lot"?

I know what I did was wrong, but I wasn't sure who the father was until he got a DNA, and it was 2 yrs. after he singned the AOP, I don't want the bio dad to appear on the birth certificate I would rather for her bc to be back to my maiden name. I don't think it is right to let her go with him on vacations when he is not the real dad.
Bio dad does not want anything to do with her, he has always claimed he is not the father. Do I have any chance in court to disestablis his AOP?

 

[ceara19]

I know what I did was wrong, but I wasn't sure who the father was until he got a DNA, and it was 2 yrs. after he singned the AOP, I don't want the bio dad to appear on the birth certificate I would rather for her bc to be back to my maiden name. I don't think it is right to let her go with him on vacations when he is not the real dad.
Bio dad does not want anything to do with her, he has always claimed he is not the father. Do I have any chance in court to disestablis his AOP?

After this length of time, the REAL father would need to be the one to challenge paternity to give you any real chance of changing things.

I may have been born at night, but it wasn't LAST night. It doesn't take a rocket scientist to figure out that the whole "my child deserves to know the truth" excuse is a bunch BS. So, what is the REAL reason that you want to destroy your child's entire reality and keep the man that has loved and cared for her all these years out of her life?

He RAISED this child as HIS own even AFTER he found out you scammed him. How do you figure that it is not "right" for him to take her on vacations, have regular visitation or for that matter, even have CUSTODY of this child. From the information you have given so far, he is the ONLY person in this equation that give a rat's ass about the CHILD!

 

[kimkar]

After this length of time, the REAL father would need to be the one to challenge paternity to give you any real chance of changing things.

I may have been born at night, but it wasn't LAST night. It doesn't take a rocket scientist to figure out that the whole "my child deserves to know the truth" excuse is a bunch BS. So, what is the REAL reason that you want to destroy your child's entire reality and keep the man that has loved and cared for her all these years out of her life?

He RAISED this child as HIS own even AFTER he found out you scammed him. How do you figure that it is not "right" for him to take her on vacations, have regular visitation or for that matter, even have CUSTODY of this child. From the information you have given so far, he is the ONLY person in this equation that give a rat's ass about the CHILD!

Bio dad is not going to help at all, I am torn apart! I have 3 older kids, from which i have visitation from (my ex and I agreed on this some years ago) if my dd is going to visit her legal father on vacation, they would not see each other, what can I do?
Will the courts consider that siblings will not spend time together?
If i hire an attorney will the court allow for the legal father to pay for it?
Thanks

 

[ceara19]

Bio dad is not going to help at all, I am torn apart! I have 3 older kids, from which i have visitation from (my ex and I agreed on this some years ago) if my dd is going to visit her legal father on vacation, they would not see each other, what can I do?
Will the courts consider that siblings will not spend time together?
If i hire an attorney will the court allow for the legal father to pay for it?
Thanks

1. Sibling are NOT going to be taken into consideration when visitation is set. In MOST cases, it isn't a consideration when deciding CUSTODY. The fact is that YOU are the one to blame for ANY separation of the siblings because YOU are the one that decided to have children with MULTIPLE FATHER'S!

2. The court is not going to order the legal father to pay attorney fees that YOU accumulate while attempting to damage HIS relationship with HIS child! The Judge MAY order YOU to pay HIS fees if the court determines that you are interfering in anyway with the legal father's relationship with HIS child.

As I said in the last post. If you tell the judge the same things that you have posted HERE, it will be very obvious as to who is the parent trying to protect the best interests of the CHILD. One guess as to who that is (hint: IT'S NOT YOU).

You have given absolutely NO valid reasons to prevent the LEGAL father from having liberal visitation with the child. However, you are getting very close to giving the LEGAL father enough ammo to petition for custody of the child. If you continue to grasp at straws to try and keep this child from her LEGAL father, you probably won't like the results.

What, if any, court orders concerning this child are in effect NOW?

 

[kimkar]

1. Sibling are NOT going to be taken into consideration when visitation is set. In MOST cases, it isn't a consideration when deciding CUSTODY. The fact is that YOU are the one to blame for ANY separation of the siblings because YOU are the one that decided to have children with MULTIPLE FATHER'S!

2. The court is not going to order the legal father to pay attorney fees that YOU accumulate while attempting to damage HIS relationship with HIS child! The Judge MAY order YOU to pay HIS fees if the court determines that you are interfering in anyway with the legal father's relationship with HIS child.

As I said in the last post. If you tell the judge the same things that you have posted HERE, it will be very obvious as to who is the parent trying to protect the best interests of the CHILD. One guess as to who that is (hint: IT'S NOT YOU).

You have given absolutely NO valid reasons to prevent the LEGAL father from having liberal visitation with the child. However, you are getting very close to giving the LEGAL father enough ammo to petition for custody of the child. If you continue to grasp at straws to try and keep this child from her LEGAL father, you probably won't like the results.

What, if any, court orders concerning this child are in effect NOW?

None as of now

 

[kimkar]

1. Sibling are NOT going to be taken into consideration when visitation is set. In MOST cases, it isn't a consideration when deciding CUSTODY. The fact is that YOU are the one to blame for ANY separation of the siblings because YOU are the one that decided to have children with MULTIPLE FATHER'S!

2. The court is not going to order the legal father to pay attorney fees that YOU accumulate while attempting to damage HIS relationship with HIS child! The Judge MAY order YOU to pay HIS fees if the court determines that you are interfering in anyway with the legal father's relationship with HIS child.

As I said in the last post. If you tell the judge the same things that you have posted HERE, it will be very obvious as to who is the parent trying to protect the best interests of the CHILD. One guess as to who that is (hint: IT'S NOT YOU).

You have given absolutely NO valid reasons to prevent the LEGAL father from having liberal visitation with the child. However, you are getting very close to giving the LEGAL father enough ammo to petition for custody of the child. If you continue to grasp at straws to try and keep this child from her LEGAL father, you probably won't like the results.

What, if any, court orders concerning this child are in effect NOW?

I don't think I understand, if I go to court and tell the truth, he is not my dd dad, and he knows it, I could be in trouble?? Why?
there are no orders in place

 

[LdiJ]

I don't think I understand, if I go to court and tell the truth, he is not my dd dad, and he knows it, I could be in trouble?? Why?
there are no orders in place

Its unlikely you would be in any trouble. You did a private DNA test after the fact which determined that he is not the biological father of the child. What you would be attempting to determine in court is whether or not he will remain the father of the child legally.

Whether or not he would remain the legal father is up to the judge.

 

[BelizeBreeze]

California's Family Code, SECTION 7645-7649.5 allows for the following:

7646. (a) Notwithstanding any other provision of law, a judgment establishing paternity may be set aside or vacated upon a motion by the previously established mother of a child, the previously established father of a child, the child, or the legal representative
of any of these persons if genetic testing indicates that the previously established father of a child is not the biological father of the child. The motion shall be brought within one of the following time periods:

(1) Within a two-year period commencing with the date on which the previously established father knew or should have known of a judgment that established him as the father of the child or commencing with the date the previously established father knew or
should have known of the existence of an action to adjudicate the issue of paternity, whichever is first, except as provided in paragraph (2) or (3) of this subdivision.

(2) Within a two-year period commencing with the date of the child' s birth if paternity was established by a voluntary declaration of paternity. Nothing in this paragraph shall bar any rights under subdivision (c) of Section 7575.

(3) In the case of any previously established father who is the legal father as a result of a default judgment as of the effective date of this section, within a two-year period commencing with the enactment of this section.
(b) Subdivision (a) does not apply if the child is presumed to be a child of a marriage pursuant to Section 7540.

7647. (a) A court may grant a motion to set aside or vacate a judgment establishing paternity only if all of the following conditions are met:

(1) The motion is filed in a court of proper venue.
(2) The motion contains, at a minimum, all of the following information, if known:
(A) The legal name, age, county of residence, and residence address of the child.
(B) The names, mailing addresses, and counties of residence, or, if deceased, the date and place of death, of the following persons:
(i) The previously established father and the previously established mother, and the biological mother and father of the child.
(ii) The guardian of the child, if any.
(iii) Any person who has physical custody of the child.
(iv) The guardian ad litem of the child, if any, as appointed pursuant to Section 7647.5.
(C) A declaration that the person filing the motion believes that the previously established father is not the biological father of the child, the specific reasons for this belief, and a declaration that the person desires that the motion be granted. The moving party is not required to present evidence of a paternity test indicating that the previously established father is not the biological father of the child in order to bring this motion pursuant to Section 7646.
(D) A declaration that the marital presumption set forth in Section 7540 does not apply.
(3) The court finds that the conclusions of the expert, as described in Section 7552, and as supported by the evidence, are that the previously established father is not the biological father of the child.
(b) The motion shall include a proof of service upon the following persons, excluding the person bringing the motion:
(1) The previously established mother.
(2) The previously established father.
(3) The local child support agency, if services are being provided to the child pursuant to Title IV-D or IV-E of the Social Security Act (42 U.S.C. Sec. 651 et seq. and 42 U.S.C. Sec. 670 et seq.).
(4) The child's guardian ad litem, if any.

Read the bolded portions.

 

[ceara19]

Its unlikely you would be in any trouble. You did a private DNA test after the fact which determined that he is not the biological father of the child. What you would be attempting to determine in court is whether or not he will remain the father of the child legally.

Whether or not he would remain the legal father is up to the judge.

The chances of having the current LEGAL father removed in THIS case are slim to none. MOM is the only one that wants to change things. Without the biological father or the legal father's assistance, it's not going to happen. Bio dad's in PRISON and she has a total of 4 children. I'm willing to bet that she is not in a line of work where she is being paid well enough to take care of herself and the kids without some kind of financial assistance.

Unfortunately she probably WON'T be in any trouble for her deceitful actions. For quite some time she mislead the LEGAL father by making no mention of the affair she had that resulted in the pregnancy. When the legal father DID find out, it didn't make any difference to him, he considered the child his, regardless of DNA.

Now, as a reward for her ex bf's selfless actions, she wants to keep him away from the child. Even if he was the biological father, the OP would be here trying to find some other excuse to ruin her child's life.

With no current orders in place, I don't know if dad would have a very good chance of winning custody, but the OP's reasoning isn't going to stop him from getting visitation. With the attitude towards the situation that she is showing here, she may end up winning dad's case for him though.

 

[kimkar]

California's Family Code, SECTION 7645-7649.5 allows for the following:

7646. (a) Notwithstanding any other provision of law, a judgment establishing paternity may be set aside or vacated upon a motion by the previously established mother of a child, the previously established father of a child, the child, or the legal representative
of any of these persons if genetic testing indicates that the previously established father of a child is not the biological father of the child. The motion shall be brought within one of the following time periods:

(1) Within a two-year period commencing with the date on which the previously established father knew or should have known of a judgment that established him as the father of the child or commencing with the date the previously established father knew or
should have known of the existence of an action to adjudicate the issue of paternity, whichever is first, except as provided in paragraph (2) or (3) of this subdivision.

(2) Within a two-year period commencing with the date of the child' s birth if paternity was established by a voluntary declaration of paternity. Nothing in this paragraph shall bar any rights under subdivision (c) of Section 7575.

(3) In the case of any previously established father who is the legal father as a result of a default judgment as of the effective date of this section, within a two-year period commencing with the enactment of this section.
(b) Subdivision (a) does not apply if the child is presumed to be a child of a marriage pursuant to Section 7540.

7647. (a) A court may grant a motion to set aside or vacate a judgment establishing paternity only if all of the following conditions are met:

(1) The motion is filed in a court of proper venue.
(2) The motion contains, at a minimum, all of the following information, if known:
(A) The legal name, age, county of residence, and residence address of the child.
(B) The names, mailing addresses, and counties of residence, or, if deceased, the date and place of death, of the following persons:
(i) The previously established father and the previously established mother, and the biological mother and father of the child.
(ii) The guardian of the child, if any.
(iii) Any person who has physical custody of the child.
(iv) The guardian ad litem of the child, if any, as appointed pursuant to Section 7647.5.
(C) A declaration that the person filing the motion believes that the previously established father is not the biological father of the child, the specific reasons for this belief, and a declaration that the person desires that the motion be granted. The moving party is not required to present evidence of a paternity test indicating that the previously established father is not the biological father of the child in order to bring this motion pursuant to Section 7646.
(D) A declaration that the marital presumption set forth in Section 7540 does not apply.
(3) The court finds that the conclusions of the expert, as described in Section 7552, and as supported by the evidence, are that the previously established father is not the biological father of the child.
(b) The motion shall include a proof of service upon the following persons, excluding the person bringing the motion:
(1) The previously established mother.
(2) The previously established father.
(3) The local child support agency, if services are being provided to the child pursuant to Title IV-D or IV-E of the Social Security Act (42 U.S.C. Sec. 651 et seq. and 42 U.S.C. Sec. 670 et seq.).
(4) The child's guardian ad litem, if any.

Read the bolded portions.

Thank you for the responses, sorry for being so dense, but it is hard to understand all of this, in the 1st bold paragraph says, it can be done only within the 2yr limint, but in the 2nd paragraph says it can be done if I have specific reasons for the motion, so which one it is?

 

[weenor]

Thank you for the responses, sorry for being so dense, but it is hard to understand all of this, in the 1st bold paragraph says, it can be done only within the 2yr limint, but in the 2nd paragraph says it can be done if I have specific reasons for the motion, so which one it is?

The first section sets forth the time limit and second section sets forth what the moving party must asset IF the action is brought within the two year limit.

 

[CJane]

The first section sets forth the time limit and second section sets forth what the moving party must asset IF the action is brought within the two year limit.

And what THAT means is, it's too late to change your mind now. And you should thank every lucky star that you have that the man you roped into signing the AOP WANTS to be a part of the child's life and DOESN'T want to be removed as her father and isn't doing everything in his power to make you miserable considering what you've put him through and are attempting to do to him now.

He's daddy at this point. He has every right to visitation and custody, and you have every right to child support.

I love the reasoning though. From "I just want to be honest" to "he moved away" to "it's just not fair".

Nice.

 

[LdiJ]

And what THAT means is, it's too late to change your mind now. And you should thank every lucky star that you have that the man you roped into signing the AOP WANTS to be a part of the child's life and DOESN'T want to be removed as her father and isn't doing everything in his power to make you miserable considering what you've put him through and are attempting to do to him now.

He's daddy at this point. He has every right to visitation and custody, and you have every right to child support.

I love the reasoning though. From "I just want to be honest" to "he moved away" to "it's just not fair".

Nice.

I don't disagree with anything that you have said....but I have to point out that mom and the child live in CA and legal dad moved to FL. He voluntarily separated himself from the child by the entire width of the country. That makes me question his devotion to the child....and could make a judge question it as well if paternity is challenged.