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amierob2005
amierob2005 asked in Family & RelationshipsMarriage & Divorce · 1 decade ago

How to disestablish paternity?

7 years ago my boyfriend was misled to believe that a child was his. When dates didnt add up, he asked for a hearing with the state to no longer be held liable for child support. The woman did not appear but sent a letter stating that he was not the father and named another man as such. Currently my guy is still paying child support and seems to hit brick walls when trying to get the situation taken care of. There was never a DNA test to establish paternity. Does anyone have any knowledge of situations like this and what can be done??

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  • www.treasuretrooper.com/186861
    Lv 4
    1 decade ago
    Favorite Answer

    He will have to go to court and petition them for a DNA test or if he has a good relationship with the mother they can do it on their own and take it to court....HOWEVER since he has been paying this long, unfortunately, in California some judges will continue to make him pay even if he was not the father, just because he first took on the child and they will not want to leave the child without support.

    Sucks but I saw it happen to a guy when I was going through divorce court for child support. He had been paying 4 years and the judge made him keep paying, while he made the mother start searching for the real father. Assuming that she was really going to go look....

  • Que
    1 decade ago

    how was paternity established to start with? usually if the father doesn't agree he asks for a paternity test at that time... if he didn't do that then he must have agreed that he was the father. he can pay on his own to get a paternity test and see what the outcome is. if it is foundthat he is not the father the can take it to the courts to get the child support taken off of him. Why did he wait for 7 years to decide he didn't want to be this childs father? and why doesn't he care about this child after 7 years? and why are you ok with a man that has a child for 7 years and has no feelings other than money about the child?

  • mother_flower
    1 decade ago

    Has he contacted the child support office that handles his case and talked to the person handling it? I would suggest he get a paternity test done even if he has to pay for it. That is the first step. Then he at least has something to back up what he's saying if it indeed proves that he isn't the father. Has he been in the child's life this far? Does the child know him as his/her father? Is he on the birth certificate? Need more details...

  • nursesr4evr
    Lv 7
    1 decade ago

    He needs to get a paternity test done. If she refuses, she can be held in contempt of court. My advise is for him to get a lawyer.

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  • iyamacog
    Lv 7
    1 decade ago

    I have no personal knowledge of this. However, he's being railroaded. I would seek a knowledgeable attny and demand a paternity test.

  • notfreeinnh
    1 decade ago

    He must petition the courts to change the paperwork as he has been found NOT to be the father. It's a struggle, but he has to keep petitioning the court to change the paperwork.

  • Anonymous
    1 decade ago

    He needs capable legal counsel. A lawyer is his best bet. It will cost up front but will save him in the long run.

  • Anonymous
    1 decade ago

    YOUR BEST BET IS TO GET A DNA TEST AND IF IT TURNS OUT THAT HE IS NOT THE FATHER TAKE HER TO COURT AS YOU HAVE PROVE THEN

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