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Old 10-01-2009, 04:26 PM   #1
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Default Paternity...Uh, HELP!

Okay so upon talking with the D.A.'s office again because I didn't have a concrete understanding of just what he got served with Tues...they enlightened me and now I have some questions. First off the papers are just a questionnaire of does he think hes the father? Why or why not? Blah blah blah.
They reassured me that DNA powers over any false answers he puts (isn't it a crime false swearing in paternity cases also, if he put no, knowing he got a copy of paternity test?) Anyways, they said though IF he turns that in then they will subpoena me and him for a court date where we both bring witnesses to prove our individual arguments. Now my thing is this why is he being given another opportunity to deny paternity, where he could request another test (at his expense) to buy more time? She said used to be a day DNA was enough but now its not. I still have to have witnesses and all that when I come to court. I know him everybody and his mama is going to come in that courtroom and say this child isn't his (even in light of the DNA results) and try and smear my name, what will it mean for me if this happens? I mean...Wtf? What does all this mean?

She also said that if he does NOT return the questionnaire then at that point they will have a hearing in his absence making him the father by default. ____, I thought the DNA test was default enough. Could someone enlighten me on all this please? I thought the court date coming up was for support but its to establish paternity which is fine and she said it would only take like maybe a week to set the date for court for the support amount. Im confused. HELP!!!

---------- Post added at 02:26 PM ---------- Previous post was at 01:23 PM ----------

I talked to a good friend of mine whose husband is a family law attorney who told her to tell me don't fret over it so much that true he can ask for another test but given light that we have the two personal ones we took and the third by the state the judge may not even want to do it and that he can deny him that. I guess that sounds right but Im still not convinced. Anyways Ive calmed down now and to be honest if he's ignored all appts concerning c.sup so far, he may not even turn in the darned questionnaire and make things even easier by not having a hearing with him there to contest anything so Im just gonna have to wait and see.
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Old 10-01-2009, 05:07 PM   #2
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Default Re: Paternity...Uh, HELP!

WTF....this is the first time I've heard of being able to try to argue against a DNA test. While I can remember back to the days of Probability Blood Tests before DNA was admissable and being able to argue against those, it was really just that...a probability test comparing against other people of the same gender/race etc. and it would give a percentage.......either absolutely not, or a "maybe" scale kind of like a scale of 1 to 10. This one just blows me away. How the heck can they allow arguments against DNA?
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Old 10-01-2009, 05:18 PM   #3
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Default Re: Paternity...Uh, HELP!

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How the heck can they allow arguments against DNA?

Exactly what I was sayin' but apparently here in Louisiana its something new that the NCP has to be given allowance to dispute it due to some case where a woman got pg while her hubby in the military was away by another man, well that man split and her hubby decided to stay and forgive and his name was put on the certificate, long story short her hubby split also and she went after support from the bio father and in the end support was ordered to be paid by bio and legal dad. This is a case that ended up in Supreme Court somehow to so its prob deeper than what Im telling it but thats the jest I got of it. So since that happened things have changed her in Louisiana. Retarded...but im not worried because knowing him he isnt gonna turn in the papers anyway and may not even show up to court so....
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Old 10-01-2009, 06:26 PM   #4
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Default Re: Paternity...Uh, HELP!

It's bizarre. I don't see how that other case has anything to do with yours. Here's hopeing the fool just pulls a no show. I'm liking your new avitar! Much cheerier!
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Old 10-01-2009, 07:23 PM   #5
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Default Re: Paternity...Uh, HELP!

Strange. If it were just personal ones, I can understand because I lot of child support courts will not accept these as evidence.

The thing is the Louisiana is a very strange state for a legal system. It is the only state in the union that follows codified law like the European civil courts. Makes for some very interesting rulings and so on. I know for a fact, that paternity would not be dealt with any other way. And, were he to show, I am positive that the three paternity tests would be entered in and the story would be over.
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Old 10-01-2009, 07:50 PM   #6
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Default Re: Paternity...Uh, HELP!

*Sigh* I know...I hate living here. But this is the one time I hope his failure to step up actually takes place (watch it be the one time he does what he's supposed to and show up) anyways, if somehow he is able to ask for another test and buy more time I think I'll scream. The d.a.'s office assured me a Dec. no later than January date and I will have knowledge of the date because I will be getting served also beforehand so believe you me I will keep you guys posted!

---------- Post added at 05:50 PM ---------- Previous post was at 05:39 PM ----------

Quote:
Originally Posted by Bluesmom View Post
It's bizarre. I don't see how that other case has anything to do with yours. Here's hopeing the fool just pulls a no show. I'm liking your new avitar! Much cheerier!
oh yeah and that case I dont think has anything to do with mine, my friend's husband was just giving me an example of how messed up it is here in LA when it comes to paternity cases. and that def is a good example of "messed up".
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Old 10-02-2009, 09:00 AM   #7
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Default Re: Paternity...Uh, HELP!

Sandsmom28,Sorry to read about all that.What i have learned in the short time i have been here is be strong and beleive in yourself.If his family all comes to court,just walk past and hold your head up high you owe them nothing and dont let them make you feel intimidated.Down under we call the fathers dead beat dads.They will do anything to get out of paying Child support.The judges here hate dead beat dads,hopefully they do over there too.I dont know why they dont pay,it is for there kids but for some reason they want to be in there lives but not support them financal.It doesnt make sense.
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Old 10-02-2009, 10:23 AM   #8
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Default Re: Paternity...Uh, HELP!

Aussie, thank you so much for your response. I have been so nervous ever since finding out that I have to make an appearance in front of him and whatever sideshow of he chooses to bring and your advice is exactly what I keep repeating to myself I need to be prepared to do (well that and be sure and look as fierce as possible, can't let him think Im not shining too) At least I have up to two months to get rid of any hibbie jibbies. Thanx again it helps to have anyone else gone through court already give me tips on how to be strong. Its going to be so weird to see him or his family that up close again and not in passing in a car or a store. Bleh.
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