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    bad situation's Avatar
    bad situation Posts: 2, Reputation: 1
    New Member
     
    #1

    Jun 7, 2007, 04:45 PM
    May not be the father
    I have a son in NM he is about 15 now.
    I found out that I may not even be the father.
    I have been paying child support for 15 years.
    The child support case is in AZ, my child lives in NM, I live in GA.
    I have not had visitation since my son was 6 (she has denied me that right).
    I was never married to his mother and she denies any type of contact.
    I do not think the child is mine.
    At the time I wanted to do the responsible thing so I signed the birth certificate.
    Is there a way to get a DNA test court ordered if I had signed a birth certificate?
    If the child is in fact not even mine would this have any impact on my child support.
    I have been able to get his school records but as soon as the mother found out she threatened the school?
    I pay child support but have had no luck getting any visitation physical, phone or letter. The court papers stated that I have reasonable right to visitation but, you can not have visitation when the mother will do anything to deny my right and serving papers on the military base is almost impossible.
    The mother moved onto a military base with her husband, she changed her name and I had to hire someone to get her new address again??
    I want to get on with my life and I want to know if this was my child or just another lie that I fell for in my youth.
    Also the child was born in AZ, The mother and child live in NM. I live in GA. Paternity law varies in these states. What state do I file request for paternity in??
    Jessiegirl's Avatar
    Jessiegirl Posts: 11, Reputation: 2
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    #2

    Jun 7, 2007, 04:59 PM
    First I would get a lawyers advice and If your papers say you have right for visitation and she is not giving this then she is at fault and you can take her back to court . Also you can Request a dna test which I think is $750.00 for test but She might have to pay half .

    Good luck !
    bad situation's Avatar
    bad situation Posts: 2, Reputation: 1
    New Member
     
    #3

    Jun 7, 2007, 05:08 PM
    My problem is what state do I do this in?? I know in AZ because I signed the birth certificate I am considered the dad no matter what... I have no idea about NM the state they live in but, I know in GA if she did lie then the whole case will be retracted... I am to the point that if I am not the dad I don't want to spend any more money trying to fight her to see the child. Her husband has been his dad and that is what she wants. That plus the 1000.00 a monthe that she gets from my check each month. She uses the system and has from day one and she wants me to give her everything I own and more. I have traveled to NM for visitation that she agreed to but It ended 24 hours later with me never seeing anyone. This has gone on for years and its like finding a ghost who vanishes for years at a time
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jun 7, 2007, 06:40 PM
    First what do you mean she "denies" you visits, who cares what she wants, if you have a child custody agreement with visitation, you demand your visits ( or should have 13 years ago)

    If she said no, you drag her back to court and get her found in contempt and make her pay a fine to the court every time she denies you the right to see the child. You are not seeing your son because you did not fight for the right years ago.

    Now this is a issue, is some North easts states if you do not challenge the DNA prior to a number of years *3 to 5* you can't challenge it, so even if not the father, you are stuck anyway paying.
    Let us hope they are not in one of those states, or they courts believe the case should be done there.

    I would discuss this with a local attorney, but I believe it has to be done in the court where the original custody was done at. *** or in some cases if they have lived in another place a certain number of years there.

    But in any case you will need an attorney to get started, so that is your first stop.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #5

    Jun 11, 2007, 08:58 PM
    Quote Originally Posted by bad situation
    I have a son in NM he is about 15 now.
    I found out that I may not even be the father.
    I have been paying child support for 15 years.
    I do not think the child is mine.
    Is there a way to get a DNA test court ordered if I had signed a birth certificate?
    If the child is in fact not even mine would this have any impact on my child support.
    Yes-a very bad situation... Because the boy is 15 there is NO a way to get a court ordered DNA test... and whether you are the father or not-it does not have any impact on your support obligation.:(

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