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Found out after 2 years that my daughter is not my daughter,

Found out after 2...

Found out after 2 years that my daughter is not my daughter, mother is not wanting me in the picture, the biological father is in the picture and there getting married, trying to stop paying child support and take everything out of my name

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

No step yet

Lawyer's Assistant: Family law varies by state. What state are they in?

Kentucky

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That she knew that I was not the father played my emotions and not taking a dna test when she was born

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Answered in 4 minutes by:
3/27/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,597
Experience: Experienced Family Law Attorney
Verified
I am sorry to hear this. Was an acknowledgement of paternity filed or any court orders regarding paternity?
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Customer reply replied 3 months ago
I have no idea to be honest we didn’t go to court we settled custody in mediation never went to court

Thank you for your patience; It will just be a few more minutes as I am still working on this.

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Per code 17603 any child support orders would remain effect until paternity is conclusively determined; please see the below subsection:

(6) Unless good cause is shown, court or administratively ordered child support shall continue until final judicial or administrative determination of paternity.

That statute is here:

http://www.lrc.ky.gov/Statutes/statute.aspx?id=17613

Code 406.091 allows the court to order paternity testing:

http://www.lrc.ky.gov/Statutes/statute.aspx?id=17628

Please also see:

http://kyjustice.org/node/625

So an alleged/presumed father can file a paternity action to get a court order requiring a DNA test (court approved lab) to determine if the paternity is proper;

Upon the expiration of the sixty-day rescission period, “a verified voluntary acknowledgement of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger

Please see page 16 here:

http://chfs.ky.gov/NR/rdonlyres/686D9027-ABBF-487B-AAC2-3E47A3FA7465/0/PaternityAcknowledgementProgram.pdf

If the court finds paternity fraud by the mother it is possible the court may order reimbursement of past support paid.

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I'm sorry; I'm not set up for phone calls so that request has been placed in the queue for those contributors. Please let me know if you have any questions on the above. Thank you.

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Customer reply replied 3 months ago
Is there any lawyer that would be a good fit for me so I can take these to court

Unfortunately the attorneys on this site are not permitted to represent customers. You can contact the local bar association for a referral in your county.

Further questions please post here otherwise kindly rate 5 stars to help maintain my high customer satisfaction ranking. Thank you.

LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,597
Experience: Experienced Family Law Attorney
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