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    leo_est1971's Avatar
    leo_est1971 Posts: 2, Reputation: 1
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    #1

    Feb 3, 2012, 02:59 AM
    My paternity rights were terminated can I get them reinstated?
    I live in Kansas and my paternity rights were terminated can I get them reinstated? The child's mother is willing to allow this and I would like to note that I was never notified about this action and just found out about a week ago that this had taken place.
    I was living in MI. At the time the child was born and was contesting paternity but was found to be the father and so ordered to pay child support I have since moved back to KS. And I do get to see my child on a regular basis (3 days a week or more) as I live in the same neighborhood but I feel my rights were wrongfully terminated and would like to have them reinstated
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 3, 2012, 04:18 AM
    What makes you think your rights were terminated? It is generally rare for a court to terminate parental rights without very good reason. Are you sure it wasn't just that you were allowed no custody?

    If the rights were truly terminated, what was the reason? Most likely you will need an attorney to try and get them reinstated.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 3, 2012, 09:45 AM
    Yes, I have almost never seen a court terminate a fathers rights ( with out cause).
    So tell us more about how these rights were taken away, what court did it, who filed to have them taken away. We need to know how they were taken away and why, to know more about how to proceede.
    leo_est1971's Avatar
    leo_est1971 Posts: 2, Reputation: 1
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    #4

    Feb 10, 2012, 04:21 AM
    According to the mother this was ordered by an attorney through FIA here in Sedgwick co. Wichita KS.
    Because I lived in MI. at the time the child was born I was contacted by someone in the FIA offices about paternity.
    At the time I did not believe that the child was mine and was so ordered to take a swab test I complied with this order and had the swab test done.
    I was then contacted again by the same person about 3 weeks later and was asked if I had indeed taking the test I replied yes I had and could fax or mail proof of this to them he then stated that they had not received the results and then asked me to submit to another test I refused the 2nd time as the clinic they wanted to send me to was over 120 miles from where I lived (Lansing MI.) and I had already lost a days worth of pay not to mention the money I had to spend in gas to get there the first time I however offered to take the test if they (FIA) could arrange to have the test done in lansing as there were and still are clinics that can perform these test in Lansing but I was refused this request and was informed that if I didn't comply that it would be determined that I was the father by default now I'm not sure if this was just a scare tactic or not but it sure did scare me so I told him to set it up.
    About 3 days later I receive yet another letter that stated that I was indeed the father by 99.9% on the test results so I contacted the attorney and told him that I had received this letter and that because of the conversation we had 3 days before that I was still contesting the issue and asked if they could order another test he then replied that no that there findings were final and if I wanted another test I would have to pay for it out of my own pocket at which I replied that I don't have that kind of money and seen as how he had just told me 3 days before this that they wanted me to take another test but all of the sudden they have the test results that something wasn't right.
    I should also state that I was told before that I couldn't have kids by a doctor because my wife and I had been trying to have one and had no luck for about 4 yrs before this took place and we (my wife and I) had consulted a doctor and I was found to have a low count I also stated this fact to the attorney and offered to fax him the findings at which he replied that it didn't matter.
    Now I'm not sure of the attorneys name any more because it was 9 yrs ago that this took place but I will be going up to the court house and requesting copies of all of the court proceedings concerning this matter and I will pass along any info that might be helpful to this post.
    Thank you in advance for any info that you can and have provided to me in dealing with this matter.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Feb 10, 2012, 04:32 AM
    First what is FIA? Second, so you never received a court order stating your rights were terminated? Did you ever receive a court order for support? The letter that said you were the father, was that from the lab or someone else?

    If you have nothing from a court, then either ask the mother if she has copies or go to the court and have them check the records. You should not have accepted letters as proof of anything. A termination of rights is ordered by a court, not an attorney. So I suspect, you may have been duped or just not being told the whole truth.

    So your first course of action is to get the truth. Find out what court orders, if any, were issued, Find out what the lab results actually were.
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #6

    Feb 10, 2012, 10:38 AM
    I'd also like to point out that LOW sperm count is not NO sperm count---and it only takes ONE to get pregnant.

    I'd hire a lawyer, if I were you, to get to the bottom of what really was ordered and what wasn't. Then once you have the whole picture, you can go to court for visitation and custody.

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