I was just served

[CJane]

What is the name of your state? MO

Ok, so the Sheriff just served me with papers re: custody of my youngest.

It's a huge sheaf of papers, so bear with me.

First is a Petition for Declaration of Paternity (filed April 17)

Comes now, Petitioner CHILD'S NAME, by his next friend, DAD'S NAME and DAD'S NAME, individually and for his cause of action respectfully state to the court:
1) Petitioner has been named the putative father of the minor child and is bringing this action as next friend for CHILD and for himself individually.

2) Respondent is a resident of COUNTY residing at ADDRESS. Respondent is the natural mother of the minor child.

3) Child was born on January 7, 2006 in LOCATION.

4) Respondent acknowledges that she is the natural mother of the minor child.

5) Petitioner has been named the punitive (and yes, it says punitive) father of the minor child but does not believe he is the natural father of the child.

Wherefore, the minor child and DAD pray for an order of this court establishing whether a father, child relationship exists between DAD and the minor child and whether DAD is in fact, the father of CHILD.

Easy enough. He signed the AOP at the hospital, and the state has already determined that he's the father. I don't care if they order DNA tests because unless immaculate conception is in vogue again, this is his kid. However, isn't there a time limit of how long you can dispute paternity once you've signed the AOP?

Second is this:

Petition fo appointment of next friend

Comes now Petitioner DAD and for his petition for appointment of Next Friend for CHILD represents to the court the following:

1. That CHILD was born January 7, 2006 and is now 3 months old.

2. That DAD is the putative father of CHILD

3. That DAD is over the age of 18 years and is therefore, qualified to act as next friend.

4. That CHILD resides with ME in Location.

5 That DAD resides SOMEWHERE ELSE

6. That DAD desires to institute an action to determine the paternity of CHILD.

7. That CHILD has no legally appointed guardian.

8. That DAD hereby consents to act as next friend for CHILD for the purpose of instituting the above mentioned suit.

Wherefore DAD prays for an order appointing DAD as next friend for the above mentioned purposes.

What is 'Next Friend' and is this something that I should be concerned about? Especially considering he hasn't seen the child since he was one month old (by his choice).

DAD, being above the age of 18 years, consents pursuant to Rule 52.02(c) to appointment as next friend of CHILD and agrees to prosecute diligently the cause of action as next friend of CHILD on his behalf and to be responsible for all costs in said cause.

Don't suppose this means he's agreeing to pay my attorney fees?

I'll address the proposed parenting plan in another thread.

I have 30 days to respond. Advice? I cannot afford an attorney, not after what I just went through w/ the ex husband. However, so far there's nothing I want to argue unless that 'next friend' thing is worrisome.

 

[LdiJ]

Ok...this is simply an action to establish paternity. Don't let the "next friend" throw you, its just legal jargon.

No, he didn't agree to pay your attorney costs, just the costs of establishing paternity. (ie the DNA test)

 

[Ithildriel]

I googled "next friend"

And here's what it said the legal definition was.

next friend

A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children are often represented in court by their parents as "next friends."

This seems weird to me. He's saying he wants paternity testing done, but he wants to represent the legal rights of a child that he doesn't think is his?

You know how to pick them sister girlfriend...good luck.

I don't think I would be wanting to do this without a lawyer...but that's just me.

 

[casa]

What is the name of your state? MO

Ok, so the Sheriff just served me with papers re: custody of my youngest.

It's a huge sheaf of papers, so bear with me.

First is a Petition for Declaration of Paternity (filed April 17)



Easy enough. He signed the AOP at the hospital, and the state has already determined that he's the father. I don't care if they order DNA tests because unless immaculate conception is in vogue again, this is his kid. However, isn't there a time limit of how long you can dispute paternity once you've signed the AOP?

Second is this:



What is 'Next Friend' and is this something that I should be concerned about? Especially considering he hasn't seen the child since he was one month old (by his choice).



Don't suppose this means he's agreeing to pay my attorney fees?

I'll address the proposed parenting plan in another thread.

I have 30 days to respond. Advice? I cannot afford an attorney, not after what I just went through w/ the ex husband. However, so far there's nothing I want to argue unless that 'next friend' thing is worrisome.

He wants to Legally establish himself as the Father (since you were not married)...and he is going to pay for it.

All good... Now you can establish visitation and child support.

 

[casa]

And here's what it said the legal definition was.

next friend

A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children are often represented in court by their parents as "next friends."

This seems weird to me. He's saying he wants paternity testing done, but he wants to represent the legal rights of a child that he doesn't think is his?

You know how to pick them sister girlfriend...good luck.

I don't think I would be wanting to do this without a lawyer...but that's just me.

The verbiage of "next friend" is because legally his is not the biological father. So, he is the "next friend" until DNA changes that to "Biological Father". It's just a term they use in stead of "A guy who may or may not be the father". lol

 

[CJane]

He wants to Legally establish himself as the Father (since you were not married)...and he is going to pay for it.

All good... Now you can establish visitation and child support.

Isn't he already legally established as the father via AOP?

I have no problem establishing visitation... but there's already a CS case pending (I just posted about it on the CS forum. I'm more concerned that this is a stall tactic on his part.

 

[BelizeBreeze]

"Next Friend" is defined under Missouri Civil Procedures.

The aop only works to limit the time to disestablish paternity based on statutory requirements. In Missouri, it is 5 years. Therefore, he can file for disestablishment.

Now, as to your response.

To the motion for paternity, answer simply:
"Plaintiff has signed a voluntary acknowledgement of paternity and has been (fill in either that applies Judicially or administratively) found to be the father of CHILD. The issue of res Judica resolves the question.

As to the petition as Next Friend, answer simply:
"Defendent and CHILD pray the court appoint a third-party Guardian for CHILD and assess charges and fees to Plaintiff."

 

[CJane]

You know how to pick them sister girlfriend...good luck.

I don't think I would be wanting to do this without a lawyer...but that's just me.

Eh, he's not so bad. And I have beautiful, amazing children.

I don't WANT to do this pro se... but really. I just spent $15,000 of mine and other people's money to fight my ex husband. I'm tapped. Thankfully, I don't really want to fight any of this.

 

[CJane]

"Next Friend" is defined under Missouri Civil Procedures.

The aop only works to limit the time to disestablish paternity based on statutory requirements. In Missouri, it is 5 years. Therefore, he can file for disestablishment.

Ok. This is good... at least once this is done, he can never question it.

Now, as to your response.

To the motion for paternity, answer simply:
"Plaintiff has signed a voluntary acknowledgement of paternity and has been (fill in either that applies Judicially or administratively) found to be the father of CHILD. The issue of res Judica resolves the question.

res Judica?

I'm trying to google all this stuff, but I have a 4 month old sitting on me and he's less than helpful.

As to the petition as Next Friend, answer simply:
"Defendent and CHILD pray the court appoint a third-party Guardian for CHILD and assess charges and fees to Plaintiff."[/QUOTE]

 

[BelizeBreeze]

res Judica?

already adjudicated, already decided, done deal.

 

[CJane]

already adjudicated, already decided, done deal.

Ok. So I say something like this:

"Plaintiff has signed a voluntary acknowledgement of paternity and has been administratively found to be the father of CHILD. Pursuant to Section 210.823, RSMo.

Section 210.823 says this:

Acknowledgment of paternity is considered a legal finding of paternity--rescinding the acknowledgment.

210.823. 1. A signed acknowledgment of paternity form pursuant to section 193.215, RSMo, shall be considered a legal finding of paternity subject to the right of either signatory to rescind the acknowledgment, in writing, by filing such rescission with the bureau within the earlier of:

(1) Sixty days from the date of the last signature; or

(2) The date of an administrative or judicial proceeding to establish a support order in which the signatory is a party. The acknowledgment may thereafter only be challenged in court on the basis of fraud, duress or material mistake of fact with the burden of proof upon the challenger. No judicial or administrative proceeding shall be required or permitted to ratify an unchallenged acknowledgment of paternity.

2. Except for good cause shown, the legal responsibilities of the parties, including child support obligations, shall not be suspended during the pendency of any action in which an attempt is made to revoke the signed acknowledgment under this section.

3. The acknowledgment shall be filed with the bureau. An acknowledgment effectuated under the law of any other state or territory shall be given the same effect in this state as it has in the other state or territory.

Where does the 5 years come in? I was operating under the '60 days from last signature'. Unless he's claiming fraud, duress or mistake of fact. Which I suppose he could be doing.

 

[CJane]

Just bumping this up to see if anyone has any info on the paternity thing since we got so focused on the custody thing.

 

[rmet4nzkx]

You filed for child support, now he is asking to prove paternity by DNA. He has that right in the section you cited. None of this should be unexpected.

 

[CJane]

You filed for child support, now he is asking to prove paternity by DNA. He has that right in the section you cited. None of this should be unexpected.

I'm not surprised, and I don't recall saying he didn't have the right to request testing. He already requested it through CSE and they told him to pound sand since he signed the AOP. So, he called me and we talked about paternity testing prior to him filing. We agreed to get it done, but the only place he could find to do it (besides the private testing that's not allowed in court anyway) requires a court order. I'm a little surprised since the stuff was filed on April 17 that I just got served today. I'm a little surprised that the only visitation he's requesting is 45 hours or so per year... but I'm not surprised at all that he's requesting paternity be established.

However, I DO want to know that it's allowed by statute at what I think is a pretty late date. And I think it's a little silly since he's repeatedly said that he doesn't question whether or not the baby is his... that he just wants to 'be safe' - whatever that means. But, it's his money.

I have to respond to the motions/petitions though, and it seems to me that I was simply asking what proper response IS since I'm not going to hire an attorney this time. The section I quoted was to seek clarification since BB said the SOL is 5 years and I thought that I read 60 days... kind of a big difference there.

 

[rmet4nzkx]

I'm not surprised, and I don't recall saying he didn't have the right to request testing. He already requested it through CSE and they told him to pound sand since he signed the AOP. So, he called me and we talked about paternity testing prior to him filing. We agreed to get it done, but the only place he could find to do it (besides the private testing that's not allowed in court anyway) requires a court order. I'm a little surprised since the stuff was filed on April 17 that I just got served today. I'm a little surprised that the only visitation he's requesting is 45 hours or so per year... but I'm not surprised at all that he's requesting paternity be established.

However, I DO want to know that it's allowed by statute at what I think is a pretty late date. And I think it's a little silly since he's repeatedly said that he doesn't question whether or not the baby is his... that he just wants to 'be safe' - whatever that means. But, it's his money.

I have to respond to the motions/petitions though, and it seems to me that I was simply asking what proper response IS since I'm not going to hire an attorney this time. The section I quoted was to seek clarification since BB said the SOL is 5 years and I thought that I read 60 days... kind of a big difference there.

You missed the significance of the word, "OR" he will claim duress. What CSE says without his petition to the court is separate from his lawful petition under 210.823 (2), also the fact that he asked for DNA test after you filed for child support would prove that there was some duress. $600 or what ever the cost now for the test is worth the cost if the test proves him not to be the father, the statistics for paternity are amazing! Once Paternity is proved one way or the other, then he will ask for more time if he is the biological father, right now the visitation he is requesting is that for a de facto parent in keping with his claim that he is the putative father until confirmed by DNA. Remember modification can be sought as circumstances change. I will not address the rest of the drama.