I was just served

[CJane]

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.

I didn't miss the significance of anything. I said in a previous post "Unless he's claiming fraud, duress or mistake of fact. Which I suppose he could be doing." Again... I DON'T CARE if the test is ordered. Please explain though how a request for a DNA test proves 'duress' though.

$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!

God did not father this child, and a DNA test is welcomed... as long as it's not a waste of the court's time to deal with all this (allowed by statute).

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.

Ummm... are you implying that 'de facto parent' and 'putative father' are synonymous?

Putative Father: A man who may be a child's father, but who was not married to the child's mother before the child was born and has not established that he is the father in a court proceeding.

Cuz he's definitely that ^^^^^^

“Under the ALI [American Law Institute] definition, a de facto parent is a person who shares (at least) equally in primary childcare responsibilities while residing with a child for reasons other than money. The de facto parent’s assumption of childcare responsibilities must be either with the agreement of the natural parent or result from a parent’s inability to care for the child” (Mason & Zavac, 2002, p.232).

“A de facto parent is an individual other than a legal parent or a parent by estoppel who, for a significant period of time not less than two years, (i) lived with the child and, (ii) for reasons primarily other than financial compensation, and with the agreement of a legal parent to form a parent-child relationship, or as a result of a complete failure or inability of any legal parent to perform caretaking functions, (A) regularly performed a majority of the caretaking functions for the child, or (B) regularly performed a share of caretaking functions at least as great as that of the parent with whom the child primarily lived” (American Law Institute, 2002, p.107-108).

But he sure as hell ain't THAT ^^^^^^^

Remember modification can be sought as circumstances change.

No. Really?

I will not address the rest of the drama.

Why? Surely not becuase every time you've 'addressed the drama' you've been wrong about me, my situation, my motivations, projected outcomes, other people's opinions, and everything else?

 

[rmet4nzkx]

I didn't miss the significance of anything. I said in a previous post "Unless he's claiming fraud, duress or mistake of fact. Which I suppose he could be doing." Again... I DON'T CARE if the test is ordered. Please explain though how a request for a DNA test proves 'duress' though.



God did not father this child, and a DNA test is welcomed... as long as it's not a waste of the court's time to deal with all this (allowed by statute).



Ummm... are you implying that 'de facto parent' and 'putative father' are synonymous?



Cuz he's definitely that ^^^^^^



But he sure as hell ain't THAT ^^^^^^^



No. Really?



Why? Surely not becuase every time you've 'addressed the drama' you've been wrong about me, my situation, my motivations, projected outcomes, other people's opinions, and everything else?

I answered your question and you respond, provoking, drama.

The sooner you respond to his papers and get the court ordered DNA test the sooner you will have child support for this child, maybe not as much as you want or feel entitled to but the issue will be adjudicated sooner.

 

[waitinMd]

Not that this helps any, but my lawyer told me that it is easier for me to go to the hospital and sign the AOP then to get my ex to go in for a DNA test.

I was in fact advised by my legal counsel to do just that. He said 'sign the AOP, then request DNA'.

Private DNA was quick, it was back in 6 days from the date of the test.

 

[CJane]

I answered your question and you respond, provoking, drama.

The sooner you respond to his papers and get the court ordered DNA test the sooner you will have child support for this child, maybe not as much as you want or feel entitled to but the issue will be adjudicated sooner.

I also asked quite serious questions which you didn't answer. But I'll wait patiently.

I'll have child support for this child via wage withholding on June 15. And it's more than I wanted. So thanks for checking. According to the section, his request for DNA testing doesn't let him off the hook or prolong anything at all. He'll be supporting the child.