disestablishment of parentage

[gah2000]

What is the name of your state? Michigan

My daughter is 2 years old. I signed the papers at the hospital stating that I was the child's father. The mother and I have never been married and do not live together. I have been giving money to the mother for support but she has never established any support order through friend of the court. I have reason to believe that the child is not mine. Can I disestablish parentage of the child through DNA testing? If so, what are the steps I need to follow to do this? Thank you.

 

[milspecgirl]

you would have to file with the courts to disestablish paternity. Some states have a statute of limitations to disestablish.

 

[seniorjudge]

What is the name of your state? Michigan

My daughter is 2 years old. I signed the papers at the hospital stating that I was the child's father. The mother and I have never been married and do not live together. I have been giving money to the mother for support but she has never established any support order through friend of the court. I have reason to believe that the child is not mine. Can I disestablish parentage of the child through DNA testing? If so, what are the steps I need to follow to do this? Thank you.

You need to hire a lawyer.

It's exceptionally difficult to get rid of a kid.

 

[gah2000]

You need to hire a lawyer.

It's exceptionally difficult to get rid of a kid.

I found this statute for Michigan- would it apply in my case? Also, should I first determine the parentage myself through DNA testing and if so, is it admissable in court or should I wait and have an attorney do this?

722.1011 Acknowledgment of parentage; claim for revocation

 

[seniorjudge]

I found this statute for Michigan- would it apply in my case? Also, should I first determine the parentage myself through DNA testing and if so, is it admissable in court or should I wait and have an attorney do this?

722.1011 Acknowledgment of parentage; claim for revocation

You need to hire a lawyer.

It's exceptionally difficult to get rid of a kid.

 

[CJane]

You need to hire a lawyer.

It's exceptionally difficult to get rid of a kid.

Especially once you've signed the affidavit of paternity and are only seeking to disestablish when Mom wants a court order for CS...

OP ~ generally, once you've declared yourself to be the legal father of the child by signing the AOP at the hospital, you're on the hook unless the Biological father shows up and HE files to disestablish.

Did you READ the paperwork you signed at the hospital?

 

[OneLife]

child

The others are right....GET AN ATTORNEY preferably a child support or family law attorney.

Can not say this enough:
DOCUMENT...DOCUMENT...DOCUMENT everything.
I hope you have kept records of all you have given to the mother of this child.
If you have not then from this time forward always pay by check, money order and keep those documents.

 

[fairisfair]

actually OP needs to STOP giving this woman any money. File to establish custody, parenting time and support.

It is highly unlikely that, unless as others have stated, some bio dad comes out of the woodwork, that you are going to have any luck with your desire to disestablish paternity.

And I must admit that your post annoyed me. You started out with "my daughter" and two sentences later, she was "the child". What the hell? this is your daughter, legally, and morally. Your time to protest was 2 years ago. You made a decision at that time to proclaim this child to be your own. Keep proclaiming. But do it legally.

Run the numbers to find your monthly estimation for child support, and start putting that in to an account to be paid at the time that an order is in place. Anything that you pay directly to the mother may well be considered a gift, regardless of your documentation.

 

[fairisfair]

I'm in the same situation as you EXCEPT I did NOT sign an AOP and I'm STILL on the hook for support for a child that is NOT mine.

You already stated you signed the AOP (that pretty much slams the door dude but i'll go on) Have you had an ongoing relationship (visitation) with the child? Have you ever claimed this child on your taxes? If you have answered YES to these other questions, you better brace yourself to 16+ years of child support for this child.

What do you mean when you say "...but she has never established any support order through friend of the court..." what does the FRIEND part mean?

IF you have any hope at all, you better act NOW and hire a lawyer - yesterday! The longer wait, the more nails in your financial coffin. And YES, have the court/lawyer order the DNA test - if you do the test yourself it will mean nothing to the courts.

Good luck dude - you're gunna need it.

(Latin: “friend of the court”) One who assists a court by furnishing information or advice regarding questions of law or fact.

A person (or other entity, such as a state government) who is not a party to a particular lawsuit but nevertheless has a strong interest in it may be allowed, by leave of the court, to file an amicus curiae brief, a statement of particular views on the subject matter of the lawsuit. Such briefs are often filed in cases involving public-interest matters (e.g., entitlement programs, consumer protection, civil rights).

 

[gah2000]

actually OP needs to STOP giving this woman any money. File to establish custody, parenting time and support.

It is highly unlikely that, unless as others have stated, some bio dad comes out of the woodwork, that you are going to have any luck with your desire to disestablish paternity.

And I must admit that your post annoyed me. You started out with "my daughter" and two sentences later, she was "the child". What the hell? this is your daughter, legally, and morally. Your time to protest was 2 years ago. You made a decision at that time to proclaim this child to be your own. Keep proclaiming. But do it legally.

Run the numbers to find your monthly estimation for child support, and start putting that in to an account to be paid at the time that an order is in place. Anything that you pay directly to the mother may well be considered a gift, regardless of your documentation.

Up until just a few weeks ago - I was told and believed that this was my daughter and I have acted accordingly and that is why I did sign the affidavit. I do take blame now for doing so as I should have declined signing the document until I had DNA proof but we were to get married back then and I was dumb and in love. Now I am told that this is not my daughter. If this is true, I am just trying to determine if there is any way out of paying support for a child that is not mine. If it is true, I intend to try to seek custody and/or a set visitation schedule so I can see her more than I have. I proclaimed (as you called it) the child to be mine because that is what I was told and had no reason to not believe it at the time...as I said, my own fault for trusting the mother.

 

[gah2000]

Especially once you've signed the affidavit of paternity and are only seeking to disestablish when Mom wants a court order for CS...

OP ~ generally, once you've declared yourself to be the legal father of the child by signing the AOP at the hospital, you're on the hook unless the Biological father shows up and HE files to disestablish.

Did you READ the paperwork you signed at the hospital?

According to this: 722.1011 Acknowledgment of parentage; claim for revocation
which can be found here: http://law.justia.com/michigan/codes/mcl-chap722/mcl-722-1011.html

It appears that maybe I would have a chance if I am not the father as it would seem to fall under Misrepresentation or misconduct-which is given as one of the reasons a claim for revocation of parentage would be allowed. I have looked through some recent court cases and have seen where some men have managed to do this and even were repaid child support money that they paid for a child that was not theirs. I know there are also a a bill in the Michigan House (House Bill 4147) http://www.michiganvotes.org/2007-HB-4147
which is seeking to "allow a nonbiological father to petition to have a child support order reversed if he discover that the a child is not his biological offspring."

I just thought perhaps this forum would have some insight into this topic and offer some constructive advice. I do realize that I would need an attorney but according to what I have found on this, I do not think it is hopeless unless a biological father come forward. I think the times are changing about this kind of thing and the courts and law makers realize it.

 

[fairisfair]

According to this: 722.1011 Acknowledgment of parentage; claim for revocation
which can be found here: http://law.justia.com/michigan/codes/mcl-chap722/mcl-722-1011.html

It appears that maybe I would have a chance if I am not the father as it would seem to fall under Misrepresentation or misconduct-which is given as one of the reasons a claim for revocation of parentage would be allowed. I have looked through some recent court cases and have seen where some men have managed to do this and even were repaid child support money that they paid for a child that was not theirs. I know there are also a a bill in the Michigan House (House Bill 4147) http://www.michiganvotes.org/2007-HB-4147
which is seeking to "allow a nonbiological father to petition to have a child support order reversed if he discover that the a child is not his biological offspring."

I just thought perhaps this forum would have some insight into this topic and offer some constructive advice. I do realize that I would need an attorney but according to what I have found on this, I do not think it is hopeless unless a biological father come forward. I think the times are changing about this kind of thing and the courts and law makers realize it.

If I am not mistake those statutes pertain to married adjudicated fathers who are found to not be the biological father; and have not been tested in the case of non married persons. Of course, I could be wrong, I was once.

I don't know that there is anyone here with any real qualifications who specializes in Michigan state law. But I will ask some of the attys to take a look at your thread. fair enough???

 

[Ohiogal]

According to this: 722.1011 Acknowledgment of parentage; claim for revocation
which can be found here: http://law.justia.com/michigan/codes/mcl-chap722/mcl-722-1011.html

Nice. But it is not misrepresentation or misconduct. You could have known about this BEFORE you signed the paternity affidavit. You really could have. You can try it but as you have been told by SJ you NEED an attorney. Try listening to that advice.

It appears that maybe I would have a chance if I am not the father as it would seem to fall under Misrepresentation or misconduct-which is given as one of the reasons a claim for revocation of parentage would be allowed. I have looked through some recent court cases and have seen where some men have managed to do this and even were repaid child support money that they paid for a child that was not theirs. I know there are also a a bill in the Michigan House (House Bill 4147) http://www.michiganvotes.org/2007-HB-4147
which is seeking to "allow a nonbiological father to petition to have a child support order reversed if he discover that the a child is not his biological offspring."

A bill is not law.

I just thought perhaps this forum would have some insight into this topic and offer some constructive advice. I do realize that I would need an attorney but according to what I have found on this, I do not think it is hopeless unless a biological father come forward. I think the times are changing about this kind of thing and the courts and law makers realize it.

Actually the courts continue to believe that the child's interests come first and everything revolves around that. YOU made the decision to sign the AOP. You decided to forego a DNA test. You decided to claim this chlid as your own. Shall I continue? How was the case misrepresented?

 

[OneLife]

child

Document...Document...Document everything!!!

Also get proof of this mother saying you are not the childs biological father by a witness, email, recorded conversation or phone conversation but get it documented.

 

[Just Blue]

Document...Document...Document everything!!!

Also get proof of this mother saying you are not the childs biological father by a witness, email, recorded conversation or phone conversation but get it documented.

If you want to get banned very quickly from this forum, keep advising others to illegally record conversations. To tape a conversation in MI. Without ALL parties consenting is a Felony.

http://www.rcfp.org/taping/states/michigan.html