How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110350
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
Type Your Family Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

are mediated settlement agreements binding between two parents

This answer was rated:

are mediated settlement agreements binding between two parents before paternity is established? He (biological father) is NOT the presumed father nor on the birth certificate. He (the biological father) doesnt deny that the child is his. The presumed father has been ruled out by dna. I had a child outside of my marriage and the biological father and I went to mediation and agreed to a settlement but when we went to court the judge demanded DNA before we could do the "prove up". I am wanting to do away with the original mediated settlement and start over.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If the mediated settlement agreement was agreed upon before proof of paternity occurred and was under the mistaken assumption that the person was the father, this is grounds to void the agreement based on mistake or even material misrepresentation and both of those are grounds to void the agreement. You would have to go to the court with a motion to vacate based on material mistake or misrepresentation to seek to void the agreement and start over again.

Thank you so much for using I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO XXXXX CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 3 years ago.

I guess what Im trying to say is without the biological father being established genetically as the father, is the mediated settlement binding before dna was done establishing his rights?

If the mediated settlement was with the biological father even before the DNA came back, it is still valid. The agreement would only be invalid if the DNA came back showing he was not the biological father.

Child support is going to be set by statute anyhow and as long as the mediated settlement is close to the statutory amounts of support, there is not much to be changed other than perhaps a visitation schedule.
Law Educator, Esq. and 4 other Family Law Specialists are ready to help you