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handell · Jul 7, 2010, 01:06 PM

I had a wacko married g/f who got pregnant & did not know who the father was. I told her I wanted nothing to do with her or a baby ever! Well; She ended up going back to her husband and raised the baby for 4 years with him. He had accepted baby and treated baby as his own. Well this yer they got a divorce and he now does not want to be the father anymore because of child support. He has already disproved paternity. My question is this - Am I going to have to own up to this child after all these years. I still want nothing to do with this child or this woman... period. I have made a life with someone else since then. What to do?

tickle · Jul 7, 2010, 01:15 PM

So, my friend, are you saying this child is not yours and you know that for sure, because you had better 'find out for sure' . You wouldn't be posting here if you hadn't been contacted by 'someone' wanting money.

Ms tick

adam_89 · Jul 7, 2010, 01:17 PM

Wow, what a man you are. You can have sex but you don't want to suffer the consequences. Well, hopefully the woman won't want you to have anything to do with the child. If your name isn't on the certificate and if you sign off all rights on the kid then no, you can be a worthless man again.

handell · Jul 7, 2010, 01:28 PM

No paternity has been established for the baby since the couple had divorced. No one has asked me for money yet, but I hear rumors. There is still a chance that the baby is some other mans that she was also messing around with. I am just gathering in

tickle · Jul 7, 2010, 01:33 PM

Hi handel, yes, get your point, so get your ducks in a row, get a lawyer, ask for a paternity test or call her bluff, or just lie low for the time being and hope she gets married again. I don't know what else to tell you. It is a difficult situation for you I understand that. No one had to challenge your character. Keep posting. We are all volunteers here so it may take time to get it all together, but we are all here willing to give you some good advice to make this difficult situation easier so you can make a choice.

Regards

Tick

adam_89 · Jul 7, 2010, 01:44 PM

I wasn't questioning you character. I didn't have the whole story and I appologize. I just did not find it right and I got a little carried away. Above is some very good suggestions. I would suggest picking one of them.

Also, you did make a choice to have sex with this woman and had the possibility of having a kid, so now that there is a kid and it is possible that it could be yours, don't try to be so hateful about it.

cdad · Jul 7, 2010, 02:40 PM

What state is this happening in? He may have gone over the time limit to challenge paternity. Since they were married at the time he is the presumed legal father. And also since he was raising the child as his own he shouldn't just bolt like that.

Synnen · Jul 7, 2010, 03:10 PM

Handell,

The site is going through some changes right now.

Instead of clicking on "reply", which will truncate your response, please use the "Answer this question" area instead.

This will allow you to follow up more completely.

ScottGem · Jul 7, 2010, 03:37 PM

Depending on the laws in Ohio, the husband may not have a choice. Since they were married when the baby was born and he acknowledged paternity, he is the legal father. In many states there is a window of time when the legal father can challenge his status. Past that time, a paternity test will have no affect on his status as the legal father.

And yes, please don't use the Reply button.

cdad · Jul 7, 2010, 03:47 PM

handell : Ohio, but I don't know as much about the law as I should. Ive read so much but I absorb so little. I was not aware of any time restraints. I agree on the no bolting but I pretty sure that it is for financial reasons as well. And since the couple divo

You need a lawyer if you don't have one because of conflicting law and also to find out what actually happened in the courts. There is a 1 year time limit if he signed a acknowledgment of paternity. So this may add to the confusion.

Ref:

Lawriter - ORC - Chapter 3111: PARENTAGE

Lawriter - ORC - 3111.28 Action rescinding acknowledgment.

handell · Jul 7, 2010, 04:17 PM

Thanks califdadof3,
I will try n read up on this when I get some free time. It looks as though the couple would have had to do this within one year (not sure what rescinding acknowledgment is) They both knew there was a chance that the baby was not his and started raising baby together for 4 years before they divorced and he got a paternity test to prove he was not the father to get out the support payments.

I have not communicated with either of them in 5 years. Do you think it would be a good idea to try and talk to either of them.

cdad · Jul 7, 2010, 04:27 PM

Originally Posted by handell

Thanks califdadof3,
I will try n read up on this when i get some free time. It looks as though the couple would have had to do this within one year (not sure what rescinding acknowledgment is) They both knew there was a chance that the baby was not his and started raising baby together for 4 years before they divorced and he got a paternity test to prove he was not the father to get out the support payments.

I have not communicated with either of them in 5 years. Do you think it would be a good idea to try and talk to either of them.

No not without a lawyer to advise you first so you know where you really stand. Otherwise they could say anything and how would you know the difference?

ScottGem · Jul 7, 2010, 04:56 PM

Originally Posted by handell

I have not communicated with either of them in 5 years. Do you think it would be a good idea to try and talk to either of them.

Definitely not. There is NOTHING to be accomplished by contacting them first. Wait until they contact you if they ever do.

GV70 · Jul 10, 2010, 09:44 AM

Actually Ohio / and NH for example/ has strong biological presumption.According to the court practice in Ohio the presumption that the husband is the father can be rebutted without regard to marital status of the mother./Patrick T. v. Michelle L. Ohio Ct. App. / and the best interest of child is not considered.

The most important Ohio cases:
Merkel v. Doe, 635 N.E.2d 70 (Ohio Ct. C. Pl. 1993)
Patrick T. v. Michelle L. Ohio Ct. App. 2000
Lorence v. Goeller, 2002-Ohio-948

Lorence v. Goeller, 2005-Ohio-2678/The Court of Appeals of Ohio affirmed the trial court’s decision that custody may not be awarded to a non-parent, a man led to believe he was the biological father, without first making a finding of parental unsuitability of the true birth father/.
Goeller v. Lorence, 2006-Ohio-5807/A former,disestablished legal father who resided with a child for the first eleven years of child’s life may not seek custody, he may seek visitation only/

GV70 · Jul 12, 2010, 09:21 PM

Handell,you disagree about what?

tickle · Jul 13, 2010, 03:43 AM

Originally Posted by GV70

Handell,you disagree about what?

GV. It isn't the OP, it's the new rating system. He pressed the wrong button and you got a disagree to a perfectly good post.

Tick

GV70 · Jul 13, 2010, 08:18 AM

tickle,
I am fed up

JudyKayTee · Jul 13, 2010, 08:46 AM

GV, I think we all are - this is crazy. You should see my profile - I keep getting "disagree" because the OP (who usually has 1 or 2 posts) doesn't like the way the legal system works.

To add to that someone who has me blocked is posting on the legal threads and I have no idea what advice is being given, good or bad or indifferent. In the past it's been bad. Very bad, in fact.

I have no idea what's going on and there have been endless discussions but no one seems able to solve any of the problems.

It's crazy - the OP's listen to what they want to hear and everyone else gets a "disagree."

Frustrating.

cdad · Jul 13, 2010, 01:27 PM

Originally Posted by JudyKayTee

GV, I think we all are - this is crazy. You should see my profile - I keep getting "disagree" because the OP (who usually has 1 or 2 posts) doesn't like the way the legal system works.

To add to that someone who has me blocked is posting on the legal threads and I have no idea what advice is being given, good or bad or indifferent. In the past it's been bad. Very bad, in fact.

I have no idea what's going on and there have been endless discussions but no one seems able to solve any of the problems.

It's crazy - the OP's listen to what they want to hear and everyone else gets a "disagree."

Frustrating.

I think if they have you blocked and you can't read their post. Just log out and come back and read it. The only way to block someone is if they are logged in. Just FYI.

GV70 · Jul 14, 2010, 05:58 AM

Originally Posted by JudyKayTee

I have no idea what's going on and there have been endless discussions but no one seems able to solve any of the problems.

Frustrating.

It is easy the problem to be solved...
RESTORE OLD AMHD!!!!!