disestablishing paternity?

[ceara19]

I really don't think a judge would order a TPR, my dd has being living with me since legal father left a year ago, and I had let him see her once when he came here for a weekend, believe me I have tried to come to terms with all of this, but it is very hard for me, when he was here I told him I was going to let her go with him for summer, he sended the papers for me to singed, but I just couldn't do it, and now he has served me again, thank you for your resposes, I know, you don't understand what I am going through right now,and you don't understand my reasons for doing what I am trying to do, but thanks anyway.

I wasn't implying that YOUR rights would or even COULD be terminated. I was explaining that there is virtually no chance that you will get the legal father's rights terminated by disestablishing paternity.

Whether I understand your reasoning or not is beside the point. YOUR reasons and MY feelings about those reasons does not change the LAW. According to the LAW the man that signed the AOP is the LEGAL father and you have no cause for a court to overturn that fact.

I think I have VERY GOOD reasons to go out and run over my ex husband 4 or 5 times with a steamroller. There are MANY, MANY other people that understand my reasoning and agree with me on the matter. But, it is still ILLEGAL and none of my "reasons", no matter how GOOD, change that FACT. If I actually run over him with a steamroller, I would be breaking the law and I would have no LEGAL defense for doing so.

 

[stealth2]

you don't understand my reasons for doing what I am trying to do, but thanks anyway.

Your reasons are crystal clear. Too bad for your kid.

 

[nextwife]

You're reasons are obviously that you have a different guy in your life and you don't "need 'the legal father's help anymore. Therefore you want to basically "trade-in" the used up model for the new one. You don't want the man your child has known as their parent to continue to be parent to them anymore.

Even if dad were disabled and unable to pay ANY child support, should you file, he STILL would have the right to share legal custody and to have visitation. I know a guy whose ex is in NY, he is in CA, and he has visitation EOW, which he exercises, plus six weeks in summer, etc, and he fetches his kid to CA one weekend per month. So "long distance" doesn't mean you get to have the court say kiddo can't have time with their daddy. Daddy's can be daddys' even if they don't share ANY genes.

 

[BelizeBreeze]

Kimkar, please do not procreate any longer. We have enough women in the world like you. children deserve better.

 

[GrowUp!]

I really don't think...

Given your responses, that's all that needs to be said.

 

[casa]

Oh but I am going to get a lawyer, so that my information will be relevant, look, i know legally he is the father, but like I said before, I want the judge to know the truth, and as for deception, I never hided the fact that I had a relationship with my ex, so he always have know there was a big chance she was not his, and he still singed. I never lied to him

The problem you have is that legal father CAN win this case as the "De Facto" parent...meaning in CA, if you say he is- and he acts like he is- and years go by with your child only knowing HIM as the FATHER...then a court can rule that he IS the father, regardless of biology. Courts do not like to b a s t a r d i z e children...so who is going to be the child's 'father' if you succeed in de-establishing paternity? Her biological father is in jail...and yet the man she knows as her father is able & willing to be in her life....the court's determination will be in the Best Interest of the Child (What do you think that is in this case?)

 

[casa]

I think I need to make clear some things here, I have never taken my dd to see her bio dad, in fact, I am in a new reationship since about 3yrs. ago I have never taken any child support from legal dad, even though , he has offered it, the only help i have is medical for dd,now when I said he helped me alot, i mean that after he saigned the AOP, my dd would expended most of the time at his house, I would see her only on weekends, I was going through some rough time, and I needed help with dd, the only way he could give me some help was if he singed the AOP, he wasn't going to do it otherwise, and like I said before, he always knew there was a big possibility she wasn't hers, so you see, back then I felt I had no other choice, now everything is different, even though I am not working I am in a stable relationship, and my boyfriend and his family are very good to me and to my dd. After I have expained everything do you still think I have no chance at disestablishing paternity? and I if I don't, how do visitations work when the legal father is in another state?

The courts will find out this information...Another issue re; "Status Quo"...You CANNOT allow 'Dad' to sign AOP, then effectively give physical custody to him (you only saw her on weekends), then he continues to provide medical benefits & offer support (Whether you accept it or not)...Then years later say: "Ooops, I changed my mind". Continuity & Stability are paramount in child custody/visitation...that does not fit in with rotating father figures every couple of years. (You are on guy #3 and the child is only 4 yrs old!)

Here is what the courts will see:
#1 Affair on man #1.
#2 Fraudulent AOP by your choice/deceit
#3 Allowing 'Dad' to raise child for portions of her early life
#4 Mom now on relationship #4 (or so) and wanting to 'change her mind again'.
#5 Biological father in jail with no previous bond with the child & no way to properly support the child.
#6 Legal 'Dad' able/willing to continue to support and be active in the child's life.

I have to tell you that if *I* were still doing Children's Advocacy~ I'd be supporting this 'Dad' 100%.

This DAD has an excellent chance of winning this.

 

[Silverplum]

I really don't think a judge would order a TPR, my dd has being living with me since legal father left a year ago, and I had let him see her once when he came here for a weekend, believe me I have tried to come to terms with all of this, but it is very hard for me, when he was here I told him I was going to let her go with him for summer, he sended the papers for me to singed, but I just couldn't do it, and now he has served me again, thank you for your resposes, I know, you don't understand what I am going through right now,and you don't understand my reasons for doing what I am trying to do, but thanks anyway.

You didn't go to school much, did you?

I agree with everyone else. You're a pig.

 

[ezmarelda]

We can only HOPE that you have had enough sense to have yourself permanently sterilized so this will NEVER happen again. If not, I'll be happy to take up a collect for you so you can. I'm sure I could come up with more then enough money in no time!

Ceara do I make the check out to you or to the Sterilize a Hoe Foundation...oh and is this tax deductable??

 

[Silverplum]

Ceara do I make the check out to you or to the Sterilize a Hoe Foundation...oh and is this tax deductable??

ROFL! Dear Eme, you always can make me laugh!