Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

I took my ex to court for a child that she says was mine to

Customer Question
be put on the birth...
I took my ex to court for a child that she says was mine to be put on the birth certificate, but on the day of the case I asked for a paternity test so the case was delayed for results. I just got results that I am not the father of the baby and now I can dismiss the case. Now she lives in Boston and I live in Orlando, I had to fly up there multiple times, taxis back and forth from airport, I paid to open the case, and for the paternity test. What do I do to try and be reimbursed? Her lawyer asked me if she could send me dissmisal papers but I'm not sure if I should dismiss this before the new hearing on October 27, because I do want to be reimbursed for the money I spent in trying to see a child that wasn't even mine. I have emails that provide my cause to open the case in the first place, and written defamation of character from her.
Submitted: 6 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 8 minutes by:
10/1/2011
Family Lawyer: Dave Kennett, Lawyer replied 6 years ago
Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27,690
Experience: 25 years experience as practicing attorney
Verified

Dear JACUSTOMER - Whenever there is an allegation of paternity either party can request a test. It depends on who wants what. Many times a man will claim he is the father and demand a test just to learn he is not. On the other hand there are times when a woman will claim a man is the father and demand a test only to find he is not. So there is no basis for either party to sue the other for the costs involved and whoever has demanded the test is usually responsible for the costs. I'm not certain why you couldn't have been tested in FL without the need for all the trips but unless you can show that the mother knew for a fact this was not your child and was simply making false claims for some other reason I see no reasonable chance that you will be able to recover your costs relating to the paternity, especially if you were the one who asked for the test.

You could simply have denied paternity which would have forced her to demand the test which could have been done in FL at no or little cost to you.

If you want to sue that is your prerogative but in my opinion I believe there is only a remote chance at any monetary recovery.

Ask Your Own Family Law Question
Customer reply replied 6 years ago
I had no cause to say it wasn't mine until a week before the initial court date and the reason why I took her to court is because in the 8 months that she ignored me, she was not letting me talk to her nor see the baby when he was born because for months she made me think he was mine.
Family Lawyer: Dave Kennett, Lawyer replied 6 years ago
I understand but in this case it was you who wanted to be certain that the baby was or was not yours. You could have simply ignored the entire situation and never been liable for anything if the mother never filed for paternity. I just cannot see that there is any viable legal action against the mother if it was you who was claiming that you might be the father and then things didn't turn out that way. We do not have any type of "loser pays" system so unless the mother was the one who committed some type of fraud and forced you to come to MA etc. you did all of this by your own choice and therefore she is not liable.
Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27,690
Experience: 25 years experience as practicing attorney
Verified
Dave Kennett and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
Is telling me I'm the father and ignoring me and telling her family and friends I'm a deadbeat father throughout the pregnancy and even at birth liable enough? I have a response from her lawyer about how I doubted the child being mine 3 weeks (after finding out dates were a bit weird), how I failed to pay child support (when she was ignoring me), that I failed to communicate with her (When we were in contact communication through email until one day she just stopped, and I stopped emailing her after receiving a not friendly call from her father). My family and I were being looked down upon by them and who ever they told and didn't want to talk to us to hear our side. I was convinced he was my son through her whole pregnancy and I had to open a case because she convinced me and everyone that he was mine. So i opened a case to try and claim him as my son because she was ignoring me. Does this sound more like a new case to get my money back? I've spent too much on a child she had me and everyone convinced he was mine. I have emails of every conversation from her telling me I was going to be a father, to the email of a letter I sent to her asking her to please talk to me that I found out she ripped, a month before the child was born.
Customer reply replied 6 years ago
She lived in MA so I had to open the case in MA to claim him, I don't mind not getting the money back from opening the case or paying for the pregnancy, what I do want to be paid back for are all the flights and taxis I had to pay for.
Customer reply replied 6 years ago
I accidently pressed the accepted reply thinking I was replying the above, hope you can still help me with more answers.
Family Lawyer: Dave Kennett, Lawyer replied 6 years ago

If you want to sue her for slander that is your right. You would have to file your suit in MA and then start making more trips back an forth for hearings. If you lose you cannot recover those costs so you will be throwing more money at this case but it is your choice. I cannot predict outcomes of court cases and you very well may prevail but the fact remains that you could have cut your costs by having the test performed in FL or simply ignoring the entire situation and then filing a suit for slander if she kept up the accusations.

All I can do from this website is offer general information as I see it from the facts provided and I cannot give specific legal advice as what to do or not do in a case. The only way for you to find out for certain if you can win is to file your suit and see what happens.

You can ask all the questions you like and do not have to accept more than once. I have customers who follow up after 6 months or more!

Ask Your Own Family Law Question
Customer reply replied 6 years ago
So in opening a new case theres no chance I can be paid for those costs as well?
Family Lawyer: Dave Kennett, Lawyer replied 6 years ago
If you win a court case you can recover the court costs which are relatively small. You can't recover the cost of an attorney or travel costs etc. Of course if you win and get damages you would be getting monetary compensation that would far outweigh any court costs so the "cost" issue is really irrelevant if you win. If you lose then you can recover nothing. I am assuming your new case would be for slander and include a claim for damages from the paternity situation.
Ask Your Own Family Law Question
Customer reply replied 6 years ago
So you recommend me going at it alone? I just feel like I took this whole thing a mature high road and even though I lose the responsibility of being a father, I still lost a pretty large penny's worth.
Family Lawyer: Dave Kennett, Lawyer replied 6 years ago
Unless you get an attorney to take this on a contingency I would certainly not invest more money into legal fees. if you want to file your own suit that's fine but to just keep spending more of your hard earned money on this seems to me to be a waste.
Ask Your Own Family Law Question
Customer reply replied 6 years ago
I asked this at a forums and they said something similar to you but they didn't say anything about filing for slander or anything about making her seem liable.

I think I have the evidence to make her seem liable and win for slander for sure but think it would cover my costs? I think I will go for a consultation with this family lawyer my father wants me to speak with. See what he can do for me but none the less thank you for everything.
Family Lawyer: Dave Kennett, Lawyer replied 6 years ago
No problem and thanks for using our service - Dave
Ask Your Own Family Law Question
Customer reply replied 6 years ago
Hi Dave, quick question, I received a few things from her lawyer.
First seems to be a complaint which was

"Please be advised that Ms. Ana Maria Mira Arredondo retained this firm in connection with her claim against you for violation of privacy rights. Based on a review of relevant information given by Ms. Mira and others, the information posted on Facebook and Twitter, we hereby demand that you and your agents, representatives, servants and/or employees immediately cease and desist your disparaging remarks about Ms. Mira. Ms. Mira is fully prepared to enforce all her rights and seek all available remedies under state law and federal laws."

Now I've NEVER mentioned her in a status, never by name or even "she" or anything like that. The only status I put up, which was about the results was the following:

"Test results are in and I am not the father. I want to thank my family and friends for always being there for me since the start. I am coming back to Boston on the 26th if anyone wants to hang out that weekend."

I even deleted someones comment joking about "Maury" to avoid this situation, and I was tagged in a twitter post about a similar joke however i never responded to that. Now thats the thing, others have spoken their own opinions but how can I be held responsible for her own held opinions? The only reason they even are speaking out is because of stuff her and her family told them themselves. And if they try and sue what do you think would happen?
Family Lawyer: Dave Kennett, Lawyer replied 6 years ago

If you are the only one the letter was sent to it is not slander or libel since it would have to have been sent to others. So just the fact that this attorney sent you a letter does not constitute slander. Whether you used her name or not really doesn't matter since the truth is the truth and since you didn't use her name then the lawyer has no case.

Ask Your Own Family Law Question
Customer reply replied 6 years ago
Ok sounds good and the letter was specified to me, so it was only sent to me.
Family Lawyer: Dave Kennett, Lawyer replied 6 years ago
I see no problem on either side of this one. I assume she lied to the attorney and he sent a letter to you. Since you never violated any laws or made any false statements I see no problem. So long as th lawyer didn't send out letters to others trying to damage your reputation I see nothing wrong with the letter. Hopefully all of this will go away soon for you.
Ask Your Own Family Law Question
Customer reply replied 6 years ago
Well her lawyer sent me a dismissal paper, which is essentially a new notion to the case that she wants me to sign. I am a bit "iffy" with the way its worded and was looking to get someone to explain what exactly was written to me. Do you mind if I show you?
Family Lawyer: Dave Kennett, Lawyer replied 6 years ago
I'm not permitted to represent clients from this website but if you want to send me what it says I'll take a look. I'm not promising I can answer if it means I have to offer any legal advice but I may be able to explain what it is.
Ask Your Own Family Law Question
Customer reply replied 6 years ago
All I need is a better understanding of what this means.

"Stipulation of dismissal

"Pursuant to the provisions of Rule 41 (a) (l) (ii) of the Massachusetts Rules of Civil Procedure, all parties in the above action hereby stipulate that the above-entitled action be dismissed against the parties, with prejudice, without costs, waiving all right of appeal."

Now I looked into the Mass. Rules of Civil Procedure and there is a Rule 41 (a) but no (l) or (ii) which at first I found weird.

http://www.lawlib.state.ma.us/source/mass/rules/civil/index.html

So that confused me, and the end part about:
"with prejudice, without costs, waiving all right of appeal."
Family Lawyer: Dave Kennett, Lawyer replied 6 years ago
I see what you mean and it is probably a typo in the order. In any case, what this means is that the entire case is dismissed with prejudice meaning it cannot be refiled. So there cannot be a new case on the same issue. This basically ends the case. It should have said (a) (1) the way I read it but I'm certain it doesn't matter since it is under Rule 41 and it says what it says.
Ask Your Own Family Law Question
Customer reply replied 6 years ago
Oh alright thank you Dave, really appreciate all you've done for me.
Family Lawyer: Dave Kennett, Lawyer replied 6 years ago
No problem and thanks for using our service. Let me know if you think of anything else you may need. - Dave
Ask Your Own Family Law Question
Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27,690
27,690 Satisfied Customers
Experience: 25 years experience as practicing attorney

Dave Kennett is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Can a dad lie about a paternity test and keep his rights in
Can a dad lie about a paternity test and keep his rights in the child's life if he is not the father? He lied to the courts about taking a DNA test and I later found he is not the father, but there's a court order in place, naming him the custodial parent. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,779 satisfied customers
I had a child support case dropped last year, now the mother
I had a child support case dropped last year , now the mother gets mad when I'm late with the payment now she saying she going to open it back up Tuesday. He will be 17 May the31. But can she do that.… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
My Husband pays child support to his child's mother. The
My Husband pays child support to his child's mother. The agreement was never brought to the court or signed.Can she file for child support and if she does will the court make him pay the 17% or take i… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,779 satisfied customers
I have a child support case tomorrow, the mother lost
I have a child support case tomorrow, the mother lost custody to the grandparents due to hard drugs. Grandparents have guardianship of my son, a hold was put on payments to stop from use of drugs. Gua… read more
Amber E.
Amber E.
Lawyer
Doctoral Degree
1,429 satisfied customers
If a custodial parent (who receives child support) in Orange
If a custodial parent (who receives child support) in Orange County Florida decides to relocate with a minor child out of state is that parent(1) required to notify the court, (2) required to gain the… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
This a child support question, I am paying child support an
This a child support question, I am paying child support an my child is graduating from high school May 2018 starting college August 2018 and plan on live on campus. My Ex who has physical custody is … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,779 satisfied customers
Can I sue my sons mother for collecting child support even
can I sue my sons mother for collecting child support even though our son got locked up? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,962 satisfied customers
The father of my child has not asked for a paternity test
The father of my child has not asked for a paternity test since my son was born. AJ is three months old now. I was told that after 90 days, if hasnt asked for paternity test, his rights are taken away… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
Oklahoma child support agreed to a paternity test in the
Oklahoma child support agreed to a paternity test in the state i was residing in after agreeing they went to court the very next day and remanded me the father of 3 children and give me no paperwork a… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,287 satisfied customers
Wii a court grant a paternity test after 13years even though
Wii a court grant a paternity test after 13years even though acknowledgement was signed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
What happens if a mother does not show up for a paternity
what happens if a mother does not show up for a paternity hearing … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,287 satisfied customers
ARE prenatal and postnatal dna paternity test the same
ARE prenatal and postnatal dna paternity test the same accuracy? Have you heard about the Company Ravgen??… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
How should it have taken for me to receive paternity test
How long should it have taken for me to receive paternity test results taken in Allegheny court of common pleas adult division. The swabs were taken on 9/11/2017 and I have not received any correspond… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,287 satisfied customers
My former boy friend threatens to order a paternity test on
My former boy friend threatens to order a paternity test on my newborn baby, I am afraid he will take the baby away. Can I deny the paternity test without getting the rough of the court? I am in Georg… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
Child support, il, searching, contacted for child support.
child support JA: Because family law varies from place to place, can you tell me what state this is in? Customer: il JA: Have you talked to a lawyer yet? Customer: searching JA: Anything else you want… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
If my husband consents to a paternity test to determine if
If my husband consents to a paternity test to determine if he is definitely the father of a child conceived 41 years ago, could the mother or possible daughter file child support and be awarded. the f… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,287 satisfied customers
Can I be taken to court for paternity testing even if the
Can I be taken to court for paternity testing even if the letter was sent to an address I am not a resident of?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
How does my grandaughter get the paternity test results that
how does my grandaughter get the paternity test results that were done on her by court order from 27 years ago in Butte county ca. … read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x