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angel_luis · Jun 11, 2010, 07:17 PM

Hi I am a 19year old kid and my ex was pregnet I thought I was the father the baby just turned 1an 1month she told me it was mine I was with her for almost two years I had plans to get married an I left to the army when I came back I found out she was cheating on me few months later I decied to get a dna test just to keep my head clear an come to find out its not mine she has been ruining all relationships I have been trying to have her an her boy friend tried to jump me she is driving me crazy so now I want to get off this paper an not have anything to do with the baby an I won't have to put up with her anymore I just got the results back today an I took the test back in January please help me

cdad · Jun 11, 2010, 07:19 PM

Go to court and get it straightened out. Make the DNA test official and also what has transpired. Are you on child support yet?

angel_luis · Jun 11, 2010, 07:33 PM

Originally Posted by califdadof3

Go to court and get it straightened out. Make the DNA test official and also what has transpired. Are you on child support yet?

Yes I am on child support I tried to work out visitation but she wouldn't let me see him an so I took her to court got visitation then I went to work an I leave for long periods an didn't know I had court so I didn't go an she took the visitation away an she knew I was at work she doesn't want me to be with him but she wants my money!!

ScottGem · Jun 11, 2010, 08:46 PM

Please pay more attention to posting guidelines. There is a Read First sticky in the Children forum (where this was moved from) that directs questions of a legal nature to this forum.

If you were improperly served notice of a court hearing you can have the results of that hearing set aside.

Unless the DNA test was court ordered, you will have to go to court and petition for a reversal of paternity. Whether you can do this depends on the laws of your state. Some may no longer allow a reversal.

angel_luis · Jun 11, 2010, 08:51 PM

Originally Posted by ScottGem

Please pay more attention to posting guidelines. There is a Read First sticky in the Children forum (where this was moved from) that directs questions of a legal nature to this forum.

If you were improperly served notice of a court hearing you can have the results of that hearing set aside.

Unless the DNA test was court ordered, you will have to go to court and petition for a reversal of paternity. Whether you can do this depends on the laws of your state. Some may no longer allow a reversal.

I just checked with my laws an it says that it could be reversed by proveing fraud,duress or material mistake of fact can you explain this to me an tell me how I would prove this

GV70 · Jun 12, 2010, 02:01 AM

Originally Posted by angel_luis

yes i am on child support… i took her to court got visitation then i went to work an i leave for long periods of time an didnt know i had court so i didnt go an she took the visitation away …

Yup!! It is called judgment by default.

Which state?

GV70 · Jun 12, 2010, 02:08 AM

fraud
The intentional use of deceit, a trick or some dishonest means to deprive another of his/her/its money, property or a legal right
duress
The use of force, false imprisonment or threats (and possibly psychological torture or "brainwashing") to compel someone to act contrary to his/her wishes or interests.
Material mistake
1) an error in comprehending facts, meaning of words or the law, which causes one party or both parties to enter into a contract without understanding the obligations or results. Such a mistake can entitle one party or both parties to a rescission (cancellation) of the contract. A mistaken understanding of the law (as distinguished from facts) by one party only is usually no basis for rescission since "ignorance of the law is no excuse." 2) an error discovered to be incorrect at a later time.

GV70 · Jun 12, 2010, 02:14 AM

Another legal tern which you may be interested in is estoppel

A bar or impediment (obstruction) which precludes a person from asserting a fact or a right or prevents one from denying a fact. Such a hindrance is due to a person's actions, conduct, statements, admissions, failure to act or judgment against the person in an identical legal case. Estoppel includes being barred by false representation or concealment (equitable estoppel), failure to take legal action until the other party is prejudiced by the delay (estoppel by laches), and a court ruling against the party on the same matter in a different case (collateral estoppel).

ScottGem · Jun 12, 2010, 03:04 AM

The only choice I think you MIGHT have is fraud. And you would have to prove she knew for a fact you weren't the father. Pretty hard to do.

Fr_Chuck · Jun 12, 2010, 09:14 AM

And merely wrong facts, and the DNA test should have proved the correct facts. Was the DNA test though the courts, or from a lab approved by the courts.?

You hire an attorney to file a motion in family court to remove your status in this

GV70 · Jun 12, 2010, 10:21 AM

Originally Posted by Fr_Chuck

And merely wrong facts, and the DNA test should have proved the correct facts. Was the DNA test though the courts, or from a lab approved by the courts.??

You hire an attorney to file a motion in family court to remove your status in this

Does your advise cover the USA or it is valid in a few states as Georgia?