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I'm not sure what the point would be of legally disestablishing paternity would be if you're married. If you want to do it for your own edification then buy a test off of Amazon; there's no role for the court to play here.
You can't think of why a married man would want to legally establish he'd been cheated on and duped?
I suspect what's going on here is that @Rov_Scam is attacking some kind of straw man. Why would a married man wish to establish non-paternity? Obviously, the answer is that -- if the law allows it -- he would like to get a divorce and get out of paying child support. If he discovered he was not the father, either through an informal DNA test or some other way, then in theory he could file for divorce and, as part of that proceeding, ask for the Court to find that he's not the father and therefore he's not on the hook for child support. As part of that proceeding, he would presumably request a formal DNA test. (Of course this is only if a non-paternity proceeding is permitted in the relevant jurisdiction.)
Here's what I said before:
Now, obviously it kind of goes without saying that if a husband is formally disputing paternity, he's going to be doing it in connection with a divorce proceeding. Admittedly, I did not spell that out. Which -- I suspect -- was the opening @Rov_Scam needed to come in and pretend that I was talking about a non-paternity proceeding brought without any kind of divorce. Which I agree would be silly.
Which is why I strongly suspect that @Rov_Scam is just going after a strawman for whatever reason. But who knows? In another post I asked him to QUOTE me if I said anything he disputes.
I'm not trying to establish a straw man, I just don't understand why you continued to argue after I said you could disestablish paternity as part of a divorce proceeding.
I arbitrarily looked at the laws in the number of states and I couldn't find any that prohibited this.
If I'm reading correctly, California allows cohabiting spouses two years after the date of birth to dispute paternity. I think Indiana, too? I'm not sure of anywhere with a statutory block, but paternity-by-estoppel states can supposedly get really messy even with clear genetic evidence.
... uh, hilariously, Pennsylvania does actually have case law blocking genetic testing for paternity in some cases and seems to have a paternity-by-estoppel statute.
As a preliminary matter, you're not going to find any estoppel statutes (there may be a few but that would be rare). Estoppel is an equitable doctrine that prevents someone who has engaged in a course of conduct that creates a reliance interest from reneging to the detriment of another. I don't have time to go into too much detail but see this case. It, along with the first one you cited, gives a good overview of the contemporary views of the presumption of paternity and paternity by estoppel. As to the former, the court concludes that:
To quote the relevant part of the opinion you cited:
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Maybe because I wasn't actually arguing but instead asking for clarification?
Here's what I said:
And then later:
It seems you don't actually dispute anything I said. But were rather pretending that I was seriously proposing for a husband to bring a non-paternity proceeding without an accompanying divorce proceeding. i.e. straw-manning me.
Anyway, I will ask the question a third time:
Is there anything I said which you dispute? If so, please QUOTE it.
And by the way, do you have any precedent to support your claim that for a conviction under the Federal wire fraud statute "the government would need to identify a particular person that saw the representation, relied on the representation, and that the organization made money off of that reliance."
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No, I can't. The legal consequences of disestablishing paternity are irrelevant if the man and woman are married and living in the same household with the child. The three things that are legally at play here are support obligations, visitation rights, and the right to make decisions. Married guys with kids don't pay child support to their wives, and visitation isn't an issue when you live together. And he doesn't need a court order to let his wife make all the decisions.
I'm not sure where you're from, but on planet Earth, cheating is generally cause for not being married any more, notably even in religions that are normally incompatible with divorce.
It not being the husband's kid is undeniable evidence that this happened, and further, undeniable evidence that the wife concealed that fact. (The mother is not confused- the baby comes out of the mother.)
The purpose of this law is simply to limit the woman's liability for cheating in a relationship, while leaving it unlimited for the man (any intent behind that is an exercise for the reader). It's consistent with the other laws that limit the duties the woman has to the man in a marriage.
This part is not true- adultery is not accepted as a reason for divorce in religions that forbid it. The largest such, the Roman Catholic Church, recommends a civil divorce only when the marriage endangers a member or members of the household and doesn't accept divorces as valid in any circumstance(it is not sufficient for an annulment to demonstrate that the parties shouldn't be married anymore).
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Please read the entire thread before commenting.
If you're suspicious, you can feel free to have a private lab do a test. If you then decide to file, you can have the court order a proper test as part of the proceedings.
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Having legally established that you'd been cheated on and tricked into raising somebody else's kid isn't going to be a relevant factor in the following divorce case?
I would only recommend pursuing an at-fault divorce if the following apply:
And even then, as I've said about 50 times by now, the court would order the test after you file.
Why on earth do you think it makes any sense at all for the "official" test to come after the divorce is filed, rather than before? One would think you'd want to have that sorted out formally and then decide to file based on that result, not file for a lark and then find out.
Regarding the "at-fault" thing: justice is its own reward. It's not going to be a secret you got cucked either way, obviously.
I think Rov_Scam's focusing on the 'legally' part of 'legally disestablishing paternity'. Because the legal effort to disestablishment paternity is seeking a court order, it's not special because of the genetic testing providing stronger technology, but because of the formal environment on the legal system providing 'proof' from a seeing-as-a-state perspective. Even if you're divorcing the person for unrelated reasons and then want to make sure that the kid is yours, you'll want to file for divorce immediately because of associated delays rather than figure out paternity; if you're filing divorce because the kid isn't yours, you need to know that before any legal filings because a false claim will probably have your wife divorcing you.
((I'm not convinced it's always useless to go with an at-fault divorce, but it's definitely one of those things that's iffy : infidelity can impact alimony, but it's ultimately up to the judge
making it upweighing competing factors, and outside of very high-income relationships, it's quite possible that any difference will get swallowed by the increased legal costs, risks of proof being insufficient, and counterclaims (either reciprocal infidelity, or acknowledgement).That said, it can speed up the divorce. I think it matters less in PA most of the time, since it has a 90-day no-fault if both partners agree and that's faster than you can get on a court docket, but either a unilateral divorce or in states that require 1-year separate for all no-fault divorces, that can be value of its own.))
Caveat: I'll make the cuck argument here, and it's not the kid's fault their mom failed to either keep it in her pants or have the balls to request an open marriage. But I get that matters a lot more for het people.
You wrote a great reply so apologies for responding to the smallest detail first:
Hang on, are you also in PA? Just how much of this board is located in PA? One could be forgiven for getting the impression there are like 2 Indians, an Irish woman, and everyone else here is from Pennsylvania.
As we should be.
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No, apologies. I've used it as an example because I was under the impression Rov_Scam was operating as a lawyer in Pennsylvania.
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Don't forget the two New J*rseyans who can't get guns because they saw psychiatrists one or two decades ago and don't have the records.
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It can potentially get you out of paying child support if you get divorced. Which presumably a lot of men would do if they discovered they were the victims of their wife's paternity fraud.
Like I said, if you're suspicious you can get a test done through a lab, it just won't be able to be used in court. If you decide to get divorced based on the result, then you can have a forensic-grade test done. I also don't know what kind of universe you think exists where a guy could initiate proceedings questioning the paternity of one of the marital children that wouldn't result in the wife just filing for divorce anyway.
Again, I am not sure what your point is here. Let's do this: Is there anything I said which you dispute? If so, please QUOTE it.
And by the way, do you have any precedent to support your claim that for a conviction under the Federal wire fraud statute "the government would need to identify a particular person that saw the representation, relied on the representation, and that the organization made money off of that reliance."
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