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Dadneedstoknow · Mar 20, 2009, 10:54 AM

I have 2 children from my previous marriage. My son is 14, daughter 12. I have had temporary custody for almost 5 years. The cusotdy order states their mother has supervised visitaion. My attorney advised that when I received temporary custody, to leave it at that for the time being and see if their mother would try to fight it. I knew she would never fight it and she never has. I am now remarried and we have been together 8years. Together we raise my children and receive no child support. I recently went through social services to start receiving child support and now have a court date. My x is now saying that she wants to do paternity test. We were married at the time and I have always thought they were my children. No matter what they are MINE. She is trying to use this as a scare tactic, but would any of it hold up in court? She doesn't have any regard as what this type of thing would do to our children and she doesn't care. She is now on her 5th marriage and is very unstable. Hence-the reason I have custody.

Please help!

Worried Dad

MsMewiththat · Mar 20, 2009, 11:02 AM

It is very common to start at the beginning when dealing with child support and paternity cases. First step is to establish paternity. It can also be a stall tactic. Generally and all situations, state laws will be different, children born in a marriage can be considered your children regardless of test results. You will want to consult with your attorney to better understand the laws that govern your state.

ScottGem · Mar 20, 2009, 11:06 AM

Children born during a marriage are generally assumed to be the child of the married partners unless challenged within a reasonable time.

So a DNA test is moot at this point. In all likelihood, you are their legal father whether you are their bio father or not. Therefore you can probably deny the DNA test on that basis.

I suspect its just a delaying tactic on her part.

Dadneedstoknow · Mar 20, 2009, 11:17 AM

Originally Posted by MsMewiththat

It is very common to start at the begining when dealing with child support and paternity cases. First step is to establish paternity. It can also be a stall tactic. Generally and all situations, state laws will be different, children born in a marriage can be considered your children regardless of test results. You will want to consult with your attorney to better understand the laws that govern your state.

Thank you for your response. I have an appt next week with my attorney, just wanted to have a feelling of ease. Thanks again

Dadneedstoknow · Mar 20, 2009, 11:21 AM

Originally Posted by ScottGem

Children born during a marriage are generally assumed to be the child of the married partners unless challenged within a reasonable time.

So a DNA test is moot at this point. In all likelihood, you are their legal father whether you are their bio father or not. Therefore you can probably deny the DNA test on that basis.

I suspect its just a delaying tactic on her part.

Thanks ScottGem- I didn't realize I could possibly deny the test if I wanted. Because no matter what they are my children in my eyes forever. I would not want anything to do any more harm to them. Their mother has done enough by ignoring them and only being a "hoilday mom" if you know what I mean.

stevetcg · Mar 20, 2009, 01:36 PM

Originally Posted by Dadneedstoknow

Thanks ScottGem- I didn't realize I could possibly deny the test if I wanted. Because no matter what they are my children in my eyes forever. I would not want anything to do any more harm to them. Their mother has done enough by ignoring them and only being a "hoilday mom" if you know what I mean.

Her request might not even be entertained by the court. You may not ever need to deny anything.

What state do you (the kids) live in?

Dadneedstoknow · Mar 20, 2009, 01:41 PM

Originally Posted by stevetcg

Her request might not even be entertained by the court. You may not ever need to deny anything.

What state do you (the kids) live in?

I hope you are right stevetcg. I also hope that she is not crazy enough to ever bring something like this into the minds of our children.

We live in NC

stevetcg · Mar 20, 2009, 01:56 PM

"North Carolina common law presumes that a delivering mother's husband (either at the time of conception or at the time of the delivery of the child) is the father of the child. See Wright v. Wright, 281 N.C. 159, 188 S.E.2d 317 (1972). This presumption may be rebutted where there is clear proof to the contrary."

stevetcg · Mar 20, 2009, 02:20 PM

This is interesting reading also:

CHAPTER 8: PATERNITY ESTABLISHMENT

Pay special attention to the paragraphs on Estoppel.

"Courts have also held mothers to be estopped from denying the paternity of presumed or adjudicated fathers. In In re Marriage of K.E.V. [60] the court held that the mother could not deny the paternity of her husband because she had represented to him that he was the child's father throughout their marriage. Despite genetic tests excluding the husband as the child's biological father, she was not seeking to establish paternity in anyone else"

ScottGem · Mar 20, 2009, 02:23 PM

Nice find, Steve. This would seem to prevent the mother from even introducing the possibility that the children are not the father's.

Dadneedstoknow · Mar 21, 2009, 10:28 AM

Originally Posted by stevetcg

This is interesting reading also:

CHAPTER 8: PATERNITY ESTABLISHMENT

Pay special attention to the paragraphs on Estoppel.

"Courts have also held mothers to be estopped from denying the paternity of presumed or adjudicated fathers. In In re Marriage of K.E.V.,[60] the court held that the mother could not deny the paternity of her husband because she had represented to him that he was the child’s father throughout their marriage. Despite genetic tests excluding the husband as the child’s biological father, she was not seeking to establish paternity in anyone else"

Wow... thanks for the info... That makes me rest a little easier. Thanks again.