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carlajbacks · Oct 10, 2011, 08:26 PM

My ex husband is actually trying to take me to court for a paternity test for my daughter. She is 22. Yes I said 22. What can I do to stop him. We live in Cincinnati. The paper says I can do a motion to set aside the order. How do I do this.

ScottGem · Oct 11, 2011, 03:21 AM

First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

You don't say what grounds he is citing for having the test or what grounds you have for denying it. But some things don't make sense here. Why were you named as a party? Since your daughter is an adult, the order should be directed to her. And what does he hope to gain by establishing paternity?

Family Courts are generally less formal so you may not have to submit a motion in a certain form. Check the court clerk about what such a motion needs to contain.

I would, however consult an attorney since there is clearly more going on here than you state.

carlajbacks · Oct 11, 2011, 02:37 PM

I have no idea why he did this or how. It doesn't make sense to me. I am totally confused.

ScottGem · Oct 11, 2011, 02:41 PM

Doesn't the "paper" you received say anything about the action? If not, go to the court clerk for a copy of the motion he filed.

AK lawyer · Oct 11, 2011, 02:59 PM

Originally Posted by carlajbacks

I have no idea why he did this or how. It doesn't make sense to me. I am totally confused.

My guess is that he imagines that if he can prove he is not the father he can get you to pay back any child support he paid you in the past. Whether he can do that is extremely doubtful.

But, as ScottGem says, the paper (complaint or petition) should tell you what it is he wants. If it doesn't, your attorney might want to move to dismiss it.

You mention an "order". For an order to be issued without prior notice to you is very strange. If there is already an order in place, there may be other pleadings in the court file which would shed some light.

cdad · Oct 11, 2011, 03:03 PM

There is one other possibility. It hasn't been mentioned yet.

Your stating that he is asking for a PATurnity test. If you are the party of this action then in reality he may be asking for a MATurnity test.

That is a test to determine if you are the birth mother. The only reason for asking this would have been a case of baby swapping that may have occurred. It has happened in the past.

ScottGem · Oct 11, 2011, 03:07 PM

Originally Posted by califdadof3

If you are the party of this action then in reality he may be asking for a MATurnity test.

That might explain why the OP is a party to the action.

carlajbacks · Oct 11, 2011, 03:35 PM

It says for: determinate paternity.

ScottGem · Oct 11, 2011, 03:53 PM

If that's all it says, then you need to get a copy of the original filing.

carlajbacks · Oct 11, 2011, 04:06 PM

How do I do that?

ScottGem · Oct 11, 2011, 04:14 PM

I told you that a few posts back. You go to the court clerk, and ask for a copy. The summons should have the info the court needs.

AK lawyer · Oct 11, 2011, 04:20 PM

Originally Posted by ScottGem

I told you that a few posts back. You go to the court clerk, and ask for a copy. The summons should have the info the court needs.

Be sure to ask to see everything in the court file.

carlajbacks · Oct 11, 2011, 04:21 PM

Thank you for your time. I really appreciate it.

ScottGem · Oct 11, 2011, 04:31 PM

Keep us posted. I'm really curious what he thinks he will get.

carlajbacks · Oct 11, 2011, 04:36 PM

Will do. Take care