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    NicoleLynn's Avatar
    NicoleLynn Posts: 3, Reputation: 1
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    #1

    Feb 13, 2007, 02:55 PM
    An ex claims to have my fiance's baby.
    :confused:

    My fiancé and I have been together over 2 years now. We are very happy together and ready to make a life for ourselves. However, there is a woman who claims to have his baby. She refuses to have a DNA test done and until recently he had no interest in finding out. The problem I am facing is this. If she refuses to have a test done and then my fiancé and I build wealth together can she come and demand a test then? Also if it turned out to be his can he relinquish all rights to the child?

    He has been in the same home, had the same phone number, and even works for the same company as this woman. There is no reason why she couldn’t reach him but she hasn't. So I just want to know if there is anything we can do on our end.

    :confused:
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #2

    Feb 13, 2007, 03:02 PM
    Relinquishing his rights does nothing.

    I would get a family lawyer.
    KMSRyana's Avatar
    KMSRyana Posts: 142, Reputation: 26
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    #3

    Feb 13, 2007, 03:08 PM
    Yes, as Synnen suggested I'd get a family lawyer. I'd inquire if there is a way to force a DNA test to resolve paternity. It'll be better in the long run to confront it now, than wait until it comes up later. If he is the father and later she decides to pursue support, they will go back several years and expect a large lump sum for back support... very unpleasant.
    NicoleLynn's Avatar
    NicoleLynn Posts: 3, Reputation: 1
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    #4

    Feb 13, 2007, 03:59 PM
    That is what I was afraid of. Now, The girl who has this child is married with a second baby. If we gave all rights to her husband does that permanently relieve him of responsibility over the child?
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #5

    Feb 13, 2007, 04:05 PM
    If her new husband were to adopt the child, then yes.

    I would refuse to sign any relinquishment papers until the adoption papers were lined up, though. Without the child getting adopted by this other man, all signing over any parental rights does is 2 things: Admits paternity for any child support and takes away any chance of making ANY choices about that child's future.

    If she's refusing to have DNA testing done, there's an issue and something to hide. I would seriously get a lawyer, or it may come back to bite you in the end.
    don8's Avatar
    don8 Posts: 75, Reputation: 16
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    #6

    Feb 19, 2007, 09:10 AM
    If you want to know you can potition the court to get a paternity test and she will be forced to get one, if it turns out to be his child you can petition the court again to ask to relinquish his rights by explaing the situation to the judge and letting him know that he has never been contacted about the child and that he doesn't fell he should step into the child's life now. I hope this helped you
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #7

    Feb 20, 2007, 08:05 PM
    There's really not much you can do. You can perhaps try to get her to sign an affidavit stating that your fiancé is not the father of the child in question. This may preempt any future attempts on her part to compel a DNA test and sue for chid support. Frankly, however, I'm not sure how binding even that would be if push comes to shove.
    isabelle's Avatar
    isabelle Posts: 309, Reputation: 31
    Full Member
     
    #8

    Feb 22, 2007, 04:27 PM
    Hire a lawyer. She can come back 15 years from now and get back support if the child belongs to your husband, Fix it now because as some one said it can come back and bite you in the butt. A lawyer can be cheap in the long run.
    NicoleLynn's Avatar
    NicoleLynn Posts: 3, Reputation: 1
    New Member
     
    #9

    Feb 23, 2007, 08:01 AM
    WOW thanks for all of the fantastic advice. Got any "choice words" to convince him we should do this now... and take the first step, rather than wait for her?

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