Family Law Questions? Ask a Family Lawyer Online.
I am sorry to read about your difficulties: Hi, I have a issue that has been going on since 2002. I 2000 i married my husband, he was raising his ex wifes two kids a girl and boy. His wife had cheated on him many times and he questioned if the little girl was his. so in 2002 we had a dna test done it came back she wasnted his, from there my husbands mom, his ex and her mom have continually caused us trama to our lives. They keep claiming i did something to the test. They had me arrested and acussed of child abuse in 2002, then tried to have me arrested again saying i forged the ex wifes name on a paper, all theses charges were cleared from me. The ex wife and her lawyer used our dna test in court to remove my husband from the birth certificate and gain cusdody of the kids from us. The dna test was also used in court to releive my husband of any child support. Ive been under tremdous stress from them, ive had to quit nursing school, i had a breakdown , i lost my cna liscence and notery licence, ive deveolped fibromyalgia from all the stress and iam haveing trouble finding work. Now to top it all off my husbands mother claims she did a dna test with the child who is 18 yrs old now, and herself and states that it says my husband is the childs dad. we have yet to see a copy of this test. they are threating to sue us, not sure for what tho. What can they do? Can we get them to leave us along? Response 1: They really cannot do anything to you. The DNA test your husband did that was approved by the Court is what counts. Their DNA test that proves otherwise, which was not approved by the Court is worthless. Their DNA test must be approved by the Court before it can be used in their lawsuit. This means that the Court would make an Order to get the test done in an approved facility, the test would be handled in a controlled environment; chain of custody would be documented; etc. NOT ALL facilities are approved by the Court. So, I will not lose any more sleep over their threats if I were you.
Is their test good in a court over ours that was used in the court system and is documented?
Response 2:. No. Their "test" means nothing. Just ignore them. Let them go ahead and file a lawsuit if they want to. Then, respond accordingly.
Thank you so much. Should i file anything against them to leave us along or just ignore them?
I see your not a oregon lawyer, so are your answers to my questions going to work for me? Relieve my stress?
What kind of lawsuit could they file against me if they tried to?
What kind of lawsuit could they file against me if they tried to? Response: I am only guessing here: It may be interference with the child-father relationship. However, I DO NOT SEE ANY BASIS FOR IT based on your post here. So, relax. Do not worry about it. If or when the lawsuit is filed, you are more than Welcome to ask for me and ask your new questions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).