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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118104
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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are mediated settlement agreements binding between two parents

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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.

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Customer: replied 4 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.
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