My husband just found out through a DNA test that his 10yr old daughter from his previous marriage, is not biologically his. He had custody of his daughter for the last 5 yrs and recently in March gave her back to the mother because she wanted to live there, but now the DNA test results have made him want to disestablish parentage because he feels it has all been an attempt by the mother to use him for financial gain for the last 11 yrs. She never told him there was even a possibility of another father when she got pregnant and then the married when the child was 1yr old and divorce when she was 3yrs, it was through this divorce we believe that paternity was established because it was not done at the hospital when the child was born. We live in WA state and it looks like there is a 2 yr window to dissestablish paternity after it is done. However is there a way to prove fraud or perjury by the mother for signing the paternity affidavit declaring him as the father when she has now admitted to knowing this was possible and that she had spoke with an attorney about getting a DNA test done a few years back to attempt getting the child back from him, when he had custody? Will the court allow the dissestablishment if the mother signs a joinder in the petition and agrees to the order? Hopefully someone can help with this... Lawyers only please...

If you want "Lawyers only please" go hire a lawyer. This is not a legal service. It is a website where experts in law answer questions for free. One does not need to be a lawyer to know the law.

Another thing to consider is whether the father wants to end all contact with this child he's grown to know as his daughter. I worked with someone whose husband was in the same spot yours is in now. Once he established that he was not the biological father, he lost all rights to have contact with his "daughter."

I would hope your husband thinks very hard about this decision.

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Originally Posted by NLE96

Lawyers only please...

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Hello N:

Sorry. When you post here, you get what you get - and you got ME! I also don't suppose you're going to like my advice either... I'm cool with that.

I don't think you can have enough children. You've got a father who loves his daughter, and a daughter who loves her dad. Frankly, I miss the importance of DNA in this equation.

If it was me, those things wouldn't be of import to me now. Not at all. But, we're all different. To some people, money DOES trump love.

excon

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Originally Posted by NLE96

My husband just found out through a DNA test that his 10yr old daughter from his previous marriage, is not biologically his. He had custody of his daughter for the last 5 yrs and recently in March gave her back to the mother because she wanted to live there, but now the DNA test results have made him want to disestablish parentage because he feels it has all been an attempt by the mother to use him for financial gain for the last 11 yrs. She never told him there was even a possibility of another father when she got pregnant and then the married when the child was 1yr old and divorce when she was 3yrs, it was through this divorce we believe that paternity was established because it was not done at the hospital when the child was born. We live in WA state and it looks like there is a 2 yr window to dissestablish paternity after it is done. However is there a way to prove fraud or perjury by the mother for signing the paternity affidavit declaring him as the father when she has now admitted to knowing this was possible and that she had spoke with an attorney about getting a DNA test done a few years back to attempt getting the child back from him, when he had custody? Will the court allow the dissestablishment if the mother signs a joinder in the petition and agrees to the order? Hopefully someone can help with this...Lawyers only please...

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Hire a lawyer, don't tell people what to drink, and start from scratch. What about this poor child? You should be asking about her, and her welfare.

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Originally Posted by MsMewiththat

What's the deal here? Why so harsh?

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If you ask me its because of the growing trend of having the Op's that come here not liking what is being said and getting hostile. If only a lawyer could anser the question being asked then this isn't the place for it. But many responders provide excellent answers from dilligent research and can back up what they say either by experience or through direct quotation of the laws that apply to an Op's question. Im not saying we can take the place of a person practicing law but we can still provide stepping stones to what most of the Op's are seeking. When any of us is wrong or if a differing opinion exists we tend to police ourselves and it still comes full circle to good solid answers.

Yes, and the trend of people not happy when I come in and clean up posts. We have been buried in another section of posters unhappy when very similar issues are done and it is cleaned up.


The issue here is the law, it is not "fair" it is not "right" the father had the right ask for a DNA test early on.

And the assumption here is from a moral side, that law is often originally based off. After 2 years, and here more than that, he became the father, he should have bonded with the child. In fact he would and should want to keep visits and see the child he raised.

A local attorney will have to go though case law, after case law and try and find local or regional cases that allowed exceptions to the law. And then hope your local judge will use those other cases to rule on. He is not required to.

This is going to be a very costly case, I can only guess but expect to go in with 5000 to start and I am sure that may double by the time you are in court a few times

Cali, I get it. I really do. I wonder if it was just a lack of understanding the site. Being the OP's first time posting. To experts as yourself... It's frustrating, I just wonder if it's possible to avoid some of the harshness so as not to put off people asking questions. There are so many talented smart people on this site that really enjoy answering the questions and if not having all the answers enjoy researching and gaining the knowledge and passing it on. One objective would be to attempt to enlighten as opposed to discourage.
Excon had a great approach.
So I'm done with my two cents, but I just wanted to clear up where I was coming from when I wrote my comment.
I persoally think this OP is aggravated and time might heal a wound. I would pray that he may have a difference of opinion than the wife. This poor baby

You might find this site helpful:

Family Law Facilitators

But the fact is that the window to challenge your husband being the legal father has long passed. It is unlikely that he will win in court.

But even so there is also the child to consider. How do he think this will affect the child? Is this something he or both of you want to do to a 10 yr old girl?

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Originally Posted by ScottGem

You might find this site helpful:

But even so there is also the child to consider. How do he think this will affect the child? Is this something he or both of you want to do to a 10 yr old girl??

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Exactly!