Hello!
A couple of months ago I discovered that I am not BF of two children who my wife gave birth in our marriage.We are still married.A neighbour of us initiated a law suit against us because he believes that he is BF of the second child who has his eye-color.My wife and I took private DNA tests which excluded me like BF of both children.My wife asserts that she has never suspected that I am not the BF and she explains that the first child was resulted as "one off" with a stranger a day before our first meeting.The second one was resulted as a brief affair and she she had dismissed the reproductive potential of these encounters.
I have some questions:
1.Does the real BF of the second child has standing for suit if my wife and I opposite ?
2.What will happen if he prevails on the trial?
If he prevails can I sue him for reimbursement?
3.Can I disestablish my paternity of the first child if the court disestablishes my paternity of the second one?
4.How will it refer to the annulment or changing of our marriage contract?
Every opinion counts because I am very confused.
It all depends on where are you in.Some states have rules barring challenges to the husband’s paternity more than two/or 5/ years after the child’s birth .Other-not.My answers:
1.Does the real BF of the second child has standing for suit if my wife and I opposite ?
A:It depends on the state law and the child age./under UPA/.
2.What will happen if he prevails on the trial?If he prevails can I sue him for reimbursement?
A:Your paternity will be disestablished and he will have the legal status as a father with all duties-visitation,child support...but have a mind that the child's last name will be changed.I think the court would not give you reimbursement because our court system is unfair to the victims of paternity fraud or"discrepancy".
3.Can I disestablish my paternity of the first child if the court disestablishes my paternity of the second one?
A:Maybe not because courts treat the mother’s husband as her children’s father...If the BF is unavailable you will be punished by court.
4.How will it refer to the annulment or changing of our marriage contract?
A:The best situation-court will reduce her property and/or alimony
It all depends on where are you in.Some states have rules barring challenges to the husband’s paternity more than two/or 5/ years after the child’s birth .Other-not.My answers:
1.Does the real BF of the second child has standing for suit if my wife and I opposite ?
A:It depends on the state law and the child age./under UPA/.
2.What will happen if he prevails on the trial?If he prevails can I sue him for reimbursement?
A:Your paternity will be disestablished and he will have the legal status as a father with all duties-visitation,child support...but have a mind that the child's last name will be changed.I think the court would not give you reimbursement because our court system is unfair to the victims of paternity fraud or"discrepancy".
3.Can I disestablish my paternity of the first child if the court disestablishes my paternity of the second one?
A:Maybe not because courts treat the mother’s husband as her children’s father...If the BF is unavailable you will be punished by court.
4.How will it refer to the annulment or changing of our marriage contract?
A:The best situation-court will reduce her property and/or alimony
I agree but for one small thing, it's really not even important but you did such a good job that I don't have anything else to post. I don't think the childs name will get changed. But you are very right about the court system being unfair. I used to think it was more
so towards men, (and it is) but I am seeing allot more women getting screwed. I also would like to add this advice, run don't walk, to a lawyers office and get a divorce.
I agree but for one small thing, it's really not even important but you did such a good job that I don't have anything else to post. I don't think the childs name will get changed. But you are very right about the court system being unfair. I used to think it was more
so towards men, (and it is) but I am seeing allot more women getting screwed. I also would like to add this advice, run don't walk, to a lawyers office and get a divorce.
Hello,Matt3046!
I have never said that the child's name will get changed...I said that the child's family name will get changed according the court paternity establishment.
We do not know whether he wants to save his family...If I am not mistaken he is willing to remain both children father but he is not willing to remain as a legal father of one.I think he has some reasons for it.Our society is not fair and tolerant as all...If this fact will spread around he will have a lot of problems with his friends,co-workers and relatives.
If you have raised these kids as your own does a piece of paper change all that. Your children know nothing of a court order, only that their life is disrupted and changed, so honestly whats in the best interest of those kids? I can understand harboring bad feelings for the wife, and resenting the other guy for wanting to be in his child's life, what cannot be forgiven is the selfish adults not stepping up and putting the kids first, sorry just me. Actually you can walk away, and not look back, since you have no kids to support legally. You should consult a good lawyer to make sure of your options and rights where you live.
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