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Post by Jim on Dec 29, 2011 19:58:44 GMT -5
Yeah Needhelp, it's difficult for us to get a clear picture of what is exactly going on in the "courts eye" without seeing what the judge(s) and attorneys are looking at, which is the paperwork involved. Harrison has quite a few good points especially in his last post, seems to me if BOB is still the legal parent (father) as has been for years, and is dead now, that they are bluffing you. But they will do anything they can to tap the Title IV-D monies....and I mean anything.
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Post by needhelp on Dec 29, 2011 20:07:54 GMT -5
Harrison, Sorry I have been away from the computer, 1)Was there an order of any kind issued by the "judge" ? ANSWER I went in Oct for the 1st time to Juvenile and at that time was swabbed for DNA. That was it short and sweet. Rescheduled for Jan I was told the mother and child were going to TN court to do the same. 2) Was the birth cert. filed as evidence? ? Or offered in court? ANSWER It was in the CSE folder package I was mailed 3)When was the last time you were contacted by anyone on the matter? ANSWER I went to court Oct. prior to that postal mails from VA CSE showing TN CSE wanted money 4)Is there another hearing on the docket??! ANSWER Less than 2 weeks, just had my attorney’s office check a couple days ago nothing in from TN Did the ex and Bob get a divorce or split up, as to having the matter before a court already?? ANSWER They lived together, she was divorced in FL years ago, came to VA and lived with Bob Sr. decided she wanted more and met me at a local bar. After we started a relationship (weeks later) she moved in with me, said she was pregnant then she got a DUI while she was pregnant and weed convictions a year before I met her. In 2 months she was moving out of my place told me it was Bob’s child and that was the last time I saw or heard from her. June 2004 I have multiple signatures from Bob Sr searing he is the father, plus the birth cert. My lawyer leads me to be it all means nothing and there is where I disagree HOWEVER! In 2/12 2007 The Virginia Juvenile court record paper signed by the judge stated Bob Sr not the father. So from 2007 to 2011 I was not contacted. I believe in 2009 he was trying to get his name removed but he died before that was completed Could CSE have gotten a big nose full of fraud and dropped the matter (not likely) and no one informed you??? I can answer most of these questions and will look up the other one Was there an order of any kind issued by the "judge" ?
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Post by Jim on Dec 29, 2011 20:46:02 GMT -5
My thoughts.....1)Was there an order of any kind issued by the "judge" ? ANSWER I went in Oct for the 1st time to Juvenile and at that time was swabbed for DNA. That was it short and sweet. Rescheduled for Jan I was told the mother and child were going to TN court to do the same. Sounds to me that you went to court to answer a petition to establish paternity......you were swabbed regardless for a DNA test.2) Was the birth cert. filed as evidence? ? Or offered in court? ANSWER It was in the CSE folder package I was mailed Not sure as states differ from one another, but in Georgia it doesn't mean diddly squat who's listed as the father on a birth certificate, (with a child being born out of wedlock) been there done that......It would be a whole different ballgame if the ex and BOB were married when the child was born etc.4)Is there another hearing on the docket??! ANSWER Less than 2 weeks, just had my attorney’s office check a couple days ago nothing in from TN They will need paperwork from the ex with the childs DNA results by then or it will most likely be post-poned and re-scheduled. I'm sure they will respond and or show up at the hearing for they (ex) wants/needs money.I have multiple signatures from Bob Sr searing he is the father, plus the birth cert. My lawyer leads me to be it all means nothing and there is where I disagree. As Harrison said and according to state code, paternity seems to already have been established, but most likely his name on the BC and him claiming to be the father verbally and or signing his name as the childs father really may not hold weight legally, especially if they were never married, would have to look further into the paternity laws of your state (state child was born in). Your attorney may be right, but I would have to see the exact paternity codes etc to be 100% sure.My daughter was born out of wedlock and I was listed as the father on the BC, but it didn't mean anything. I had no legal right to my own daughter and had to establish paternity to legally force my daughters mother to allow me back into my daughters life after she refused to let me see her any more (because I met and got involved with someone else that she simply didn't approve of, my now wife of almost 7 years). Many SE states are the same way....HOWEVER! In 2/12 2007 The Virginia Juvenile court record paper signed by the judge stated Bob Sr not the father. That's the document they are using to pursue you with.....
I believe that you are about to learn if your the father or not real soon, if the DNA test comes back as 99.9999% that you are you will just have to work the best you can to establish an amount to pay for CS and do what you feel in your heart concerning the child involved. There's not much you can do if that test comes back positive.
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Post by needhelp on Dec 29, 2011 21:43:34 GMT -5
FramedFather. I think the state of VA does not care who signs or when, I think they reverse anything they want based on DNA. If I am the father then I was robbed of all those years, and lied to. The CSE papers I have from the unwed mother are not correct as well an lots of blanks..
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Post by Jim on Dec 29, 2011 22:10:00 GMT -5
FramedFather. I think the state of VA does not care who signs or when, I think they reverse anything they want based on DNA. If I am the father then I was robbed of all those years, and lied to. The CSE papers I have from the unwed mother are not correct as well an lots of blanks.. I believe you are quite right about that, I'm sorry you are going through this and if you are the father you HAVE BEEN ROBBED and there is really nothing you can do about it, except to move forward the best you can and try to make things right the best you can, it will not be easy if you are proven the father and I'm sure you are well aware of that. We will try to help you and support you mentally, emotionally, and legally the best we can either way, both Harrison and I (and others) have been down these dusty trails for several years now, it helps to chat and keep in touch with like minded people for sure. It also helps to gain wisdom and knowledge the fastest way you can considering the dynamics of family courts etc. It's YOUR fight and not the attorneys regardless of what your facing in this crazy system, you only have yourself to count on most often, and people like us that have some experience and knowledge as to how the system may throw spit balls at ya. We are here always and will help in any way that we possibly can, even if it is us just being a friend to vent to or someone to help you with legal matters.....keep us posted and let us know of any developments. I can also make a private/password protected forum, invisible to the public if needed so that only you, I and Harrison can discuss things in more detail, and share documents. I hope the best for you and what has happened can not be changed, but you can change what happens as you move forward.
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Post by Jim on Dec 29, 2011 22:16:17 GMT -5
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Post by Harrison on Dec 30, 2011 17:43:16 GMT -5
Thanks for the link Jim!! Did your attorney advise you to submit to genetic testing!? I'm sure they had you sign all paper work needed to release your medical info. as evidence?. In VA, the report on a DNA test must filed 15 day before the hearing. This is not a fix, but it could be used to get a continuance, if you need extra time. Be cautious even if the test is negative because they have made men with no connection to a child the legal father, and it's not uncommon. In the jurisdiction of VA child support can NOT be retroactive and is started with the filing of the case. That's the good news. Here's were it gets thick....a pos. test. VA also has 60 day acknowledgement law, but it gives the same legal wait to gen. testing. So if it comes back pos. what do you want to do? Keep in mind VA looks at visitation as a privilege and they will use the lack of contact against you and that's before mom has anything to say about it.
Option 1) Plan: Existing father This is an up hill battle that will surely be appealed to superior court. It will require president set forth by the VA supreme court or court of appeals. In witch a bio. father lost his parental rights either due to adoption or acknowledgement. That shouldn't be to hard they do it every day. Show that Bob Sr. was the only father Jr. has ever known and a substantial parent/child bond exists. Due to the lose of SSI income and the crisis of identity a name change may cause it is in the best interest of the child for the legal father to remain the same. Was there a visitation order? How long did he live with the child?
Option 2) Plan: Controlled burn (concesion) This is a more of an up hill negotiation. If you want any parental rights beside the right to pay, NOW is the time. All the shit I listed in op. 1 and then some WILL be used against you. At least if you start with op.1 it should make the wannabe judge give a hypacritical order The bottom line is legally a point of fact trumps a presumption,as it should be. Heads up! the feds. have a hole family calculator that will reduce your CS payments because you have minors in your care. The court won't use it if you don't.Your wises' income or holding are not part of any child support equation.
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Post by Harrison on Dec 30, 2011 18:27:05 GMT -5
GOD HAVE MERCY ON MY ENAMY, CAUSE I DAMN SURE WON"T!!!! G.S.PATTON
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Post by Jim on Dec 30, 2011 20:24:07 GMT -5
Thanks for the link Jim!! Did your attorney advise you to submit to genetic testing!? I'm sure they had you sign all paper work needed to release your medical info. as evidence?. In VA, the report on a DNA test must filed 15 day before the hearing. This is not a fix, but it could be used to get a continuance, if you need extra time. Be cautious even if the test is negative because they have made men with no connection to a child the legal father, and it's not uncommon. In the jurisdiction of VA child support can NOT be retroactive and is started with the filing of the case. That's the good news. Here's were it gets thick....a pos. test. VA also has 60 day acknowledgement law, but it gives the same legal wait to gen. testing. So if it comes back pos. what do you want to do? Keep in mind VA looks at visitation as a privilege and they will use the lack of contact against you and that's before mom has anything to say about it. Option 1) Plan: Existing father This is an up hill battle that will surely be appealed to superior court. It will require president set forth by the VA supreme court or court of appeals. In witch a bio. father lost his parental rights either due to adoption or acknowledgement. That shouldn't be to hard they do it every day. Show that Bob Sr. was the only father Jr. has ever known and a substantial parent/child bond exists. Due to the lose of SSI income and the crisis of identity a name change may cause it is in the best interest of the child for the legal father to remain the same. Was there a visitation order? How long did he live with the child? Option 2) Plan: Controlled burn (concesion) This is a more of an up hill negotiation. If you want any parental rights beside the right to pay, NOW is the time. All the shit I listed in op. 1 and then some WILL be used against you. At least if you start with op.1 it should make the wannabe judge give a hypacritical order The bottom line is legally a point of fact trumps a presumption,as it should be. Heads up! the feds. have a hole family calculator that will reduce your CS payments because you have minors in your care. The court won't use it if you don't.Your wises' income or holding are not part of any child support equation. Harrison, they may try to make this retroactive......you know how these cronies operate. Just will have to wait and see what the results come back as and go from there, not much else for needhelp to do other than to get strategies lined up regardless of which way this is going to go.
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Post by needhelp on Jan 2, 2012 18:31:53 GMT -5
Sorry for the delay, I needed a few days away from this, I first want to THANK both of you for your time and thoughts you have given me. My lawyer said they cannot go back for support when the child was born(04) and could only go back to the filing date.
Bob Sr is all this child had known, though I don't know if the mother has found another friend, Also visitation is out I can't go on 14 hr trips to see the child if it is mine. I'm hoping she moved away because the results were not in yet, so maybe they can't find her at the address she gave when she filed.
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Post by Harrison on Jan 3, 2012 9:57:59 GMT -5
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Post by Harrison on Jan 3, 2012 10:03:30 GMT -5
§ 20-49.4. Evidence relating to parentage.
The standard of proof in any action to establish parentage shall be by clear and convincing evidence. All relevant evidence on the issue of paternity shall be admissible. Such evidence may include, but shall not be limited to, the following:
1. Evidence of open cohabitation or sexual intercourse between the known parent and the alleged parent at the probable time of conception;
2. Medical or anthropological evidence relating to the alleged parentage of the child based on tests performed by experts. If a person has been identified by the mother as the putative father of the child, the court may, and upon request of a party shall, require the child, the known parent, and the alleged parent to submit to appropriate tests;
3. The results of scientifically reliable genetic tests, including blood tests, if available, weighted with all the evidence;
4. Evidence of the alleged parent consenting to or acknowledging, by a general course of conduct, the common use of such parent's surname by the child;
5. Evidence of the alleged parent claiming the child as his child on any statement, tax return or other document filed by him with any state, local or federal government or any agency thereof;
6. A true copy of an acknowledgment pursuant to § 20-49.5; and
7. An admission by a male between the ages of fourteen and eighteen pursuant to § 20-49.6
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Post by Harrison on Jan 3, 2012 10:40:53 GMT -5
4 & 5 are what they use to pull off illegal adoptions and the illegal separation of fathers. Used with precedent, a tax return, school record, a SSI payment. You may be able to ask them how they like the taste of the shit they shovel. Remember, this is the lowest court and they do what ever they want, not what the law requires. Hell, they're not even real judges That's why review in superior court is so common.
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Post by needhelp on Jan 9, 2012 16:00:23 GMT -5
Update 1/9/12 Well the state of TN dismissed the case today, The hearing was this morning here in VA. My lawyer told me she no longer lived in TN and as such did not go for testing, I guess TN could not get her in before she moved
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Post by needhelp on Jan 9, 2012 16:05:42 GMT -5
I wanted to add I am not sure what if anything happens later with other states, I was told she was now living in GA. But who knows if she met a man with money or is on GA state aid. You have a great board here and I can't thank you enough for the response I have had (Other than I have clicked some of your ads)
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