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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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My son was named the father on a birth certificate 3 years

Customer Question

Hello, my son was named the father on a birth certificate 3 years ago. Since the child was born, I have had increasing suspicions that he is not my son's child. From the first day, he looked Hispanic and we are blond-haired, blue-eyed Irish. Fast forward... the mother little by little kept all of us - including my son away from the child. Recently, the child was taken in by child protective services because of horrific drug issues and neglect to the child. Before investing a lot of time and money, I want to know if this child is even my grandson. I have filed a petition to the court asking for a DNA test, but I will need to prove fraud, duress or material mistake of fact. The only thing I currently have is that in the police report from a few months ago... states that she said, " I have sex with people for money" which indicates, she has been involved with prostitution. Is that enough to get the court to give me a yes on the DNA test?
JA: Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: CT
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Family Law
Expert:  LegalGems replied 2 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 2 months ago.

Thank you for your patience;

I have been unable to locate any case on point which specifically states that prostitution constitutes grounds for opening and vacating a paternity acknowledgement in the event that DNA testing reveals the presumed father is not the biological father.

However, both the statute and case law (the Cardono case) requires a showing of fraud to invalidate a prior acknowledgment (after 60 days).

I searched outside cases (which may be considered by the court in Connecticut but is not binding precedence as in state case law is) and a 2017 case (so I can't link you to it because it is too new to be widely available but you can try googling it by typing In Re Tanika H v. Travaris M. (New York)- this case discussed whether a oresumed father could challenge paternity after the respective timeframe and the court held that since the presumed father was aware of an additional relationship (the mother expressly told him before the child was born) the presumed father could not later challenge paternity.

In contrast, that leaves open the issue that if the mother fails to disclose such relevant information and later admits it that may be a fraud upon the court.

Here is the judicial guidebook used by the judge and you will see the matter is not specifically addressed:

https://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/Paternity.pdf

But the above case should be helpful in establishing non disclosure as a basis to contend fraud.

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Expert:  LegalGems replied 2 months ago.

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

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Thanks!

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Customer: replied 2 months ago.
Sadly, I had already become aware of certain determining factors. My question had to do more along the lines of being the grandmother and what I can do. I have a court date and I'm working on building the case. Reviewed many paternity cases... looking for any extra "out of the box" approach that will have the judge rule in my favor and call for a DNA test on this child.
Expert:  LegalGems replied 2 months ago.

Thank you for that clarification; I was addressing the question as to whether prostitution was sufficient to get permission for DNA testing; as for a grandparent's standing to contest paternity, page 44 below addresses the standing issue:

https://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/Paternity.pdf

Here are the relevant statutes:

https://www.cga.ct.gov/current/pub/chap_815y.htm

Since a grandparent can avoid the affect of a paternity judgment by disinheriting a child, most courts will not find the grandparent to have standing to contest, unless the grandparent is also serving as guardian of the child-and even then they tend to take a restrictive view.

I hope this helps and certainly understand your concern which is why I wanted to follow up.

Thank you and take care.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

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as I strive to provide my customers with great service. ☺️

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

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Thank you and take care.