Partinity Issue


#1

It sounds as though you previously had concerns about acting on your suspicion due to the possible effects on the child, who now seems to have independent knowledge of the question of her parentage. If you now want to take action on this, you can try filing a motion asking the court to set aside the original support order and to determine paternity. You should speak to an attorney regarding the consequences of this action, the likelihood of success under the facts of your case, and the costs of litigation.

Lara Stanford Davis
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

About two years ago I went through a really bad divorce, just a year or two before that she confessed that she had lied to me about a previous relationship that she had prior to us getting married. I don’t want to get into any details but the question of partinity came up. My then wife assured me that the child was mine. My daughter is now 14.

After several weeks I could not get this out of my head and I starting requesting medical records and trying to figure out if was really the father of the child. I stumbled upon some disturbing comments made by the doctor at the time she was admitted to have the baby. She argued that the baby was early, two months early but according to the doctor she was full term. She also made comments to the nurse, worried that I would think that the child was not mine.

This was affecting me but I never had the guts to confront her until we started talking about separation prior to our divorce. She denied it and accussed me of trying to use this as an excuse to divorce her. I asked her for a partinity test which she denied me.

Thinking in all the problems that this would cause to the child, I decided to stop pursuing this and leave it alone. One day I was trying to send my daughter an email and my email was rejected due to the fact that her account was full. Since I set it up in the first place I decided to check her account. While checking the account I found some emails from my wifes ex boyfried to my child. I find out through emails and not my ex-wife that the child is not mine. He has been communicating with her father for the last 1 1/2 year or two. I also found an email of her mother to her ex-boyfried talking about a partinity test that had done to prove that he was in fact the father.

Now, at no time she has told me that this is going on. since then I have gathered other evidence on this. I am paying child support, not sure if her real father is paying child support, but I would like to take a partinity test and this proves that she is not my child I would like to drop child support for this child and make her real father pay this. Both the mother and the child have kept the truth from me.

What do you advise me to do?