全 180 件のコメント

[–]BiondinaQuality Contributor 343ポイント344ポイント  (81子コメント)

Were you listed on the birth certificate as the father?

[–]Fdcairp[S] 291ポイント292ポイント  (80子コメント)

I never signed a parenting acknowledgement so they can't put my name on a birth certificate. That was my understanding back then.

[–]BiondinaQuality Contributor 517ポイント518ポイント  (65子コメント)

The assumption will be that you're the father because you were married when she got pregnant. Regardless, you can do a paternity test. A lawyer is necessary here. Try out legal aid, here's one (there are many if you google it):

https://www.gbls.org/

[–]Fdcairp[S] 210ポイント211ポイント  (37子コメント)

I really can't afford a lawyer, I'm fighting cancer right now. Are there any free resources?

[–]MildredNatwick 383ポイント384ポイント  (4子コメント)

That's exactly what legal aid is.

[–]Fdcairp[S] 237ポイント238ポイント  (3子コメント)

Thanks. Sorry not a native English speaker. I thought these are typical paid-for lawyers. I'll make the calls.

[–]mobileoctobus 15ポイント16ポイント  (0子コメント)

Check out also legal aid within your community. Try a few google searches for (ethnic or language group) legal aid or legal support or legal help.

[–]BiondinaQuality Contributor 137ポイント138ポイント  (26子コメント)

The link I provided is for free legal aid.

Here's another free legal aid group:

http://mlac.org/funding/programs/

[–]Fdcairp[S] 85ポイント86ポイント  (25子コメント)

I'll call them. Thanks.

[–]GrumpySatan 83ポイント84ポイント  (24子コメント)

You will also likely need proof from your doctor that your missing your thing. But wait until after you've spoken to a lawyer about it so you know exactly what you need.

[–]ChaoticSquirrel 114ポイント115ポイント  (13子コメント)

It's okay to say penis

[–]Yosafbrige 21ポイント22ポイント  (1子コメント)

Your piece of pork, your wife's best friend, Your Percy, or your cock. You can wrap it up in ribbons. You can slip it in your sock, But don't take it out in public, Or they will stick you in the dock, And you won't come back.

[–]MrsLabRat 2ポイント3ポイント  (0子コメント)

So glad I'm not the only one who started singing this.

[–]infrikinfix 4ポイント5ポイント  (7子コメント)

"dick", "cock", "fallace" phallus, "member", "one-eyed willy" or "reproductive appendage" will also suffice.

[–]cardinal29 14ポイント15ポイント  (4子コメント)

Why would OP need proof? Why would his penis come up at all?

All he has to do is get that paternity test done, and leave other details out of it.

[–]GrumpySatan 26ポイント27ポイント  (2子コメント)

Well for one it strengthens his case a ton supporting the paternity test. Secondly, it makes a great argument for legal costs (assuming OPs states rules are similar to my area). Nothing screams bad faith in making a claim when a person is physically incapable and the applicant knowing about it.

You could make an arguement for full indeminity on costs since she didnt need to fight him or make the claim against him being the father, even if legally he is assumed during a marriage. Her lawyer couldve contacted him about supporting her claim against the other guy (to be honest, doubtful her lawyer even knows at this point that he physically cant be the dad, not exactly a standard assumption to make unless she told him).

[–]cardinal29 10ポイント11ポイント  (1子コメント)

Meh. No penis doesn't mean no sperm. Presumably OP has testicles and could still produce sperm. An IUI procedure and he could father children.

The paternity test is the meat of the issue. That, and that he never acknowledged paternity.

[–]ElMachoGrande 4ポイント5ポイント  (0子コメント)

Exactly. A penis is not strictly needed, just testicles (with some help).

A paternity test will take care of it.

[–]poseidon0025 2ポイント3ポイント  (4子コメント)

I take it the other way of proving it would be illegal?

[–]rbt321 32ポイント33ポイント  (3子コメント)

Well, missing in court and missing while they were married are 2 different things. A doctor would confirm it's not a recent injury.

[–]poseidon0025 2ポイント3ポイント  (0子コメント)

Ah, didn't think of that.

[–]SoMuchMoreEagle 2ポイント3ポイント  (0子コメント)

And he likely has medical records stating that, as well.

[–]Hatter79 1ポイント2ポイント  (0子コメント)

Talk about cutting off your nose to spite your face.... "look your honor, this currently bleeding stump proves I'm not the father!"

[–]BAXterBEDford 12ポイント13ポイント  (2子コメント)

Why would she be suing you for child support? It sounds like she's pumping a dry well.

[–]Grim-Sleeper 35ポイント36ポイント  (1子コメント)

It's quite possible that it's not her suing, but the state suing on behalf of the children.

[–]BAXterBEDford 10ポイント11ポイント  (0子コメント)

That makes a lot more sense.

[–]illestprodigy 1ポイント2ポイント  (0子コメント)

My SO's dad just won his battle with cancer, I hope you do too

[–]rcattt 1ポイント2ポイント  (0子コメント)

Also look into law school clinics (I'm not sure how many law schools are in Boston but I'd bet at least a few). The schools have free clinics (you have to qualify) where your 'attorney' is a law student supervised by a professor. It's getting toward the end of the semester though so I'd call soon.

[–]DClawdude 90ポイント91ポイント  (25子コメント)

There are some jurisdictions where you have a limited window to prove non-paternity. After that window closes, regardless of DNA tests or lack of a penis, you will be the legal father and unable to get off the hook for support. The public policy rationale is actually to protect non-biological-fathers who grew close to and supported a child thinking it was theirs, and then the mom turns around and says "nope," which creates issues for both the putative father and the child.

[–]pottersquashQuality Contributor 89ポイント90ポイント  (0子コメント)

Usually there is an exception if the failure to protest is due to deception or lack of knowledge. As OP had no way of knowing ex would defraud the state, this he should be able to meet that.

[–]Izzno 12ポイント13ポイント  (2子コメント)

IANAL, so enlighten me here. Does the fact that they divorced because she told her she got pregnant from someone else trump the fact that he didn't take action faster. It must be somewhere in the divorce process.

[–]DClawdude 6ポイント7ポイント  (1子コメント)

No, because that is not solid proof showing that the presumed father is not the father.

[–]Izzno 10ポイント11ポイント  (0子コメント)

So the lady could tell the husband she had someone else's kid, he then file for divorce, she stays silent for however long this provision is, then the guy is bound to pay child support?

I understand how it works to protect most people, but I feel for OP, if that's the case for him.

[–]SlimJim84 28ポイント29ポイント  (11子コメント)

Is that the actual reasoning behind that timeframe? It seems odd that the word of law would supersede what science proves as false. I find it odd that the law would actually demand someone who medically lost their ability to father children pay child support for something that can't possibly be the man's.

[–]DClawdude 24ポイント25ポイント  (3子コメント)

Is that the actual reasoning behind that timeframe?

That's a big part of it, yeah. The putative father and child have bonded...and after 10 years, it's proven to be a lie and the guy who has been dad has no legal right to see the kid, despite 10 years of monetary support and 10 years of emotional bonding. That is not in the child's best interest.

It seems odd that the word of law would supersede what science proves as false. I find it odd that the law would actually demand someone who medically lost their ability to father children pay child support for something that can't possibly be the man's.

Consider it like a statute of limitations to prove you're not on the hook if you don't want to be.

[–]MrGNorrell 8ポイント9ポイント  (2子コメント)

Wouldn't this be the exact opposite situation though?

[–]DClawdude 12ポイント13ポイント  (1子コメント)

Yeah, it works both ways. The ultimate point is legal finality and not creating long-term ambiguity in paternity; the law assumes four years is long enough to either prove you're not the father, or to bond with the child under that assumption for long enough that legal removal from their life would be harmful.

[–]MrGNorrell 3ポイント4ポイント  (0子コメント)

Yeah, that's a good point. The marginal cases are a pain.

[–]justthistwicenomore 20ポイント21ポイント  (4子コメント)

The idea is as described. Child support laws are ultimately about the children and where the first-line responsibility for child care lies. In addition to the pro-Dad version above, another justification for the legal time limit is that even if you know the child isn't yours, if you've cared for it for X number of years, the system no longer cares if you were the biological father or not -- you have taken over the role of caretaker as surely as if the child were adopted.

It can, of course, lead to absurd results, but the idea is that it's less absurd than forcing the courts to investigate and litigate every instance of paternity, and increasing the odds that funds are available for the child. In the areas I'm familiar with, the situation of OP here would not involve this rule anyway, since they were divorced before the birth, and often you have to be married for ten months leading up to and including the birth.

[–]mmmsoap 5ポイント6ポイント  (0子コメント)

It seems odd that the word of law would supersede what science proves as false. I find it odd that the law would actually demand someone who medically lost their ability to father children pay child support for something that can't possibly be the man's.

IANAL, but being a father isn't only donating DNA. From my understanding from friends' forays with divorces and adoptions, the court recognizes both the responsibility in creating a child, and the act of parenting it. Get someone pregnant, you have one responsibility, But if a guy had been acting as a dad for many years, suddenly knowing information about the DNA doesn't get him off the hook for responsibility to the child. (This isn't OP's situation, granted.)

[–]frymaster 0ポイント1ポイント  (0子コメント)

It seems odd that the word of law would supersede what science proves as false

Because it's not declaring biological paternity wrong, it's declaring it irrelevant. It's no more odd than adoption

[–]sealfon 4ポイント5ポイント  (0子コメント)

If you are interested in this look up the Nebraska Supreme Court case if Bryan M v. Anne B. 874 N.W.2d 824 (2016) 292 Neb. 725

[–]LUClEN 9ポイント10ポイント  (5子コメント)

There are some jurisdictions where you have a limited window to prove non-paternity. After that window closes, regardless of DNA tests or lack of a penis, you will be the legal father and unable to get off the hook for support

This sounds ridiculous. Any idea why this rule exists?

[–]2074red2074 5ポイント6ポイント  (0子コメント)

Mostly so women can't tell a man he knocked her up, wait fifteen years, and say "lol jk it blongs to my 'cousin' Jeff"

[–]DClawdude 1ポイント2ポイント  (3子コメント)

I literally posted part of the the public policy rationale in the post you quoted.

[–]LUClEN 2ポイント3ポイント  (2子コメント)

But it doesn't make sense if it ends up hurting these same men who are being duped. How exactly was it expected to protect anyone when it's a policy that could enforce lies due to an arbitrary time limit?

[–]DClawdude 1ポイント2ポイント  (1子コメント)

How exactly was it expected to protect anyone when it's a policy that could enforce lies due to an arbitrary time limit?

The time limit is based on the doctrine of legal finality. May as well call statutes of limitations arbitrary - same concept.

[–]LUClEN 0ポイント1ポイント  (0子コメント)

That answers my question. Seems to be a lot of issues that come with that doctrine though

[–]Tunafishsam 0ポイント1ポイント  (1子コメント)

In some states, yes. But you generally also have had to have acted like a parent.

[–]DClawdude 0ポイント1ポイント  (0子コメント)

Yeah, right now OP has the issue on the presumed parent end due to the marriage. IMO the combination of presumed parenthood and the possibility of a small window to contest means he should be making legal moves ASAP.

[–]ekrxo 1ポイント2ポイント  (0子コメント)

So I haven't read the other comments yet...but since OP said he doesn't even have a penis...how would they go about saying he's the father?

[–]imtheprimary 205ポイント206ポイント  (31子コメント)

You are going to need legal aid, but it should be trivial to prove you're not the father if you don't have the right plumbing.

[–]Fdcairp[S] 83ポイント84ポイント  (30子コメント)

Apparently (from the advice here), I'm the legal father anyway.

[–]library_pixie 257ポイント258ポイント  (26子コメント)

You are considered the father by default it you were married to the mother at the time of conception, but that doesn't mean you can't get that changed in court. A judge will (probably) rule in your favor in this situation, especially if a DNA test is ordered. Don't give up hope yet. This is why the lawyers are recommending you call legal aid. (IANAL) Good luck.

[–]Fdcairp[S] 104ポイント105ポイント  (2子コメント)

Yeah I get it now. Gonna fight this.

[–]ImAnEnEnemy 51ポイント52ポイント  (0子コメント)

And you'll win this fight. Keep your head up! You've got this. And you could probably counter-sue... I base that on nothing except living in CT for 12 years. Everyone sues everyone up there. Another reason not to worry. Sending you hugs. I hope you win your war. I know you've got this tiny battle in the bag.

[–]TonyTabasco 10ポイント11ポイント  (0子コメント)

Fight it bro!! Keep us posted.

[–]DClawdude 25ポイント26ポイント  (22子コメント)

Keep in mind, however, there are some jurisdictions where you have a limited window to prove non-paternity. After that window closes, regardless of DNA tests or lack of a penis, you will be the legal father and unable to get off the hook for support.

[–]library_pixie 19ポイント20ポイント  (16子コメント)

That is good information, and I did not know that! It's unfortunate, in those cases, because the mother could wait to sue for child support and the father might not have realized he needed to establish non-paternity from the get-go. Hopefully OP is not in one of those areas.

Edit to add: I see where you post the rationale behind the law elsewhere. It's kind of a double edge sword.

[–]NoThereIsNone 24ポイント25ポイント  (0子コメント)

Generally paternity is disestablished as part of a divorce. If you didn't have a lawyer in the divorce, that's where things went wrong.

[–]DClawdude 6ポイント7ポイント  (5子コメント)

I'm licensed in Texas and remember it mainly because it is applicable there. In Texas, you have four years following birth to challenge paternity before the presumptive paternity becomes unrebuttable.

[–]ItsDanimal 8ポイント9ポイント  (3子コメント)

Even in cases where you have been unknowingly named as the father?

[–]untaken-username 17ポイント18ポイント  (2子コメント)

And even in cases when you were physically unable to procreate?

Like I have a hard time believing that:

  1. A lesbian couple could get married

  2. One of them gets pregnant

  3. They get divorced

  4. The pregnant one claims her wife impregnated her and therefore is on the hook for child support

How is this any different? There are the same number of penises in the OP's marriage as there is in the lesbian couple's marriage.

[–]hombre_lobo 0ポイント1ポイント  (1子コメント)

This is insane.

[–]DClawdude 0ポイント1ポイント  (0子コメント)

Are you a lawyer? I ask because the fact is a lot of times the law is focused on outcomes and process. This is a thing lawyers are used to and comfortable with even though the general public probably is not.

Also keep in mind that gay marriage is both a brave new world in terms of the new and weird kinds of fact patterns that can emerge (like this one), but also there's a big push not to carve out exceptions to general laws solely for SSM because to do so inherently means it's not equal to heterosexual marriage.

This is all also ignoring a court's compulsion power to name a possible biological father, subpoenas of records showing IVF (which IMO should put the other spouse on the hook for child support if they pursued IVF together with that goal and then broke up), etc.

[–]ComfirmRepeat 3ポイント4ポイント  (8子コメント)

Yep but think about it. There's a reason why DClawdude said "public policy rational". Think of it like this. If you just suddenly found out that your wife/ex wife lied to you and your child wasn't really yours but some random other dude. If you were still married, would you stay in that marriage. Would you really want to keep raising the child?

History has proven that men don't want to raise children that aren't theirs. Yes there are some cases in which the man is willing to overlook that and keep raising it but the majority don't want to. so in reality it's mostly designed to protect the child and the mother in the situations that the father abandons them as a result of wife's infidelity.

My instincts tell me that OP's marriage was a long con and that she knows that he is too late to deny paternity and is on the hook for child support. I'm hoping that the judge will see that and rule in favor of him.

[–]DClawdude 8ポイント9ポイント  (6子コメント)

I'm hoping that the judge will see that and rule in favor of him.

Keep in mind under something like the statute I described - the judge would have no authority to do so. The law is very clear on the subject. It's like a statute of limitations.

[–]zanotam 3ポイント4ポイント  (0子コメント)

Would you really want to keep raising the child?

History has proven that men don't want to raise children that aren't theirs. Yes there are some cases in which the man is willing to overlook that and keep raising it but the majority don't want to.

Proof? Stats?

Because using the availability heuristic and focusing on historical figures I"m going to have to say you're full of shit because it's almost trivially easy to think of cases where bloodline successorships were occasionally usurped by adoptions e.g. fucking Augustus the Caesar himself!

[–]I_have_popcorn 0ポイント1ポイント  (0子コメント)

Does that apply to Boston?

[–]albertnacht 11ポイント12ポイント  (1子コメント)

You might be able to get a marriage annulment in Mass, one of the grounds is being impotent. I do not know if this would help, but getting the marriage annulled may help you get your name off the birth certificate.

[–]SoMuchMoreEagle 2ポイント3ポイント  (0子コメント)

Can you get an annulment if the one asking for it is the one who is impotent? Also, can you get one if both parties were aware of the condition before marriage?

[–]NedrySector1104 1ポイント2ポイント  (0子コメント)

Only of you refuse to fight this. Hire a lawyer through legal aid and demand a paternity test immediately.

[–]IamthePEBKACerror 77ポイント78ポイント  (2子コメント)

Not to sound too morbid, but if you are dealing with a terminal version of cancer then I wonder if she is trying to set it up so that the kids are entitled to your social security checks and benefits if you die.

I would assume that the kids would already be entitled to that if, in fact, she has you listed as the father, but she might not have done that.

She would have to be a pretty terrible deadbeat to sue a guy who is fighting cancer to try and benefit from his death but she kinda sounds like a pretty terrible deadbeat from your original post.

Also, you might try calling any law school in your state and ask if they have a legal aid clinic that can help. Many law schools have programs set up where their students get valuable experience by helping financially strained people like yourself. If all else fails, you might look on the law school's websites and find the "domestic relations" professors and email them directly to see if they will offer students the chance to get some experience researching and drafting documents by helping with an incredibly unique case. The asexual nature of the marriage might be unique enough to warrant a law review article of some sort; which would mean one student would become very invested in your situation as they would be writing an academic paper (with hopes of being published) in an effort to influence legal policy/opinions/etc.

[–]ecafyelims 3ポイント4ポイント  (0子コメント)

I suspect that she's filing for Welfare. As a requirement for welfare, you have to list the children's fathers, if you know them. Then welfare will be provided, and they will pursue child support for reimbursement. The ex-wife may have even told them that OP isn't the father, but since he was married to her at conception, they have to disqualify him before they can attempt getting child support from whoever the ex-wife points to next.

[–]stacyg28 0ポイント1ポイント  (0子コメント)

Massachusetts School Of Law in Boston does offer cheap or no cost legal council from students and practicing lawyers

[–]aintnos 53ポイント54ポイント  (6子コメント)

Okay, you need to consult a lawyer on this. However, an interesting legal twist occurred to me.

In a lot of jurisdictions, if a marriage was not consumated, it is voidable. Also known as annulment, it means that not only is the marriage over, but legally, it is considered not to have happened.

Sure enough, Massachusets lists the following as a reason for being voidable:

  • One of the spouses is not physically capable of sexual intercourse.

Now, this is a very, very seldom used remedy in law. I'm not a lawyer in Massachusetts, and I'm certainly not your lawer. There could be twists and turns to it that I sure as hell don't want to research. And it may make things more complicated even if it is available.

But keep it in mind as a potential option.

[–]dewprisms 15ポイント16ポイント  (5子コメント)

This is likely a case that could be used to throw out that narrow definition of consummation of marriage, especially now that gay marriage is legal in all 50 states, rather than used as a defense.

[–]aintnos 7ポイント8ポイント  (4子コメント)

Eh, it could still hold a lot of practical value as a stick. The other side thinks "Do I want to have to challenge the constitutionality of this law in order to win?"

[–]dewprisms 5ポイント6ポイント  (3子コメント)

Either way, they already have gone through the divorce process, so would it even matter?

[–]aintnos 12ポイント13ポイント  (2子コメント)

Yes, because annulments are retroactive. Husbands are the presumed father at the time of conception--he wouldn't be a husband.

Sorry, I should have prefaced the whole thing as pie-in-the-sky silly legal arguments. I just thought it was a fun way to rebut the presumption. :P

[–]Edgeinsthelead 1ポイント2ポイント  (1子コメント)

But don't you only have a certain time frame after the divorce to do it?

[–]Jazzeki 0ポイント1ポイント  (0子コメント)

how can there be a time frame of "after the divorce" if they were never married though?

[–]Master_apprentice 53ポイント54ポイント  (3子コメント)

So, can OP counter sue? If the mother knows that OP cannot father children, isn't her claim that he's the father knowingly wrong? Or, is she suing for benefits, and it has nothing to do with who's genetic material is where, but who is the father figure from a legal perspective?

[–]Triedatrieda 42ポイント43ポイント  (0子コメント)

It could be the state pursuing on her behalf if she applied for benefits.

[–]Yesmaybedepends -5ポイント-4ポイント  (0子コメント)

I am with you that he could have a suit against mom for fraud.

[–]NapalmenatorQuality Contributor 84ポイント85ポイント  (28子コメント)

You are the legal father since you were married when she conceived. Penis or no.

So you need to find the bio father so he can take a paternity test and you can take one and poof you are not the father. Other than that, you are the daddy.

Hire an attorney

[–]Fdcairp[S] 69ポイント70ポイント  (22子コメント)

I remember (from the time of divorce) that I would be the legal father if we were married when the child was born, not when the child was conceived. Isn't that right?

She is with that bio father right now. Man I can't afford an attorney. I'm battling cancer (forth time in my life).

[–]NapalmenatorQuality Contributor 64ポイント65ポイント  (21子コメント)

Nope. Child born within 300 days of divorce make it yours legally.

Contact your local legal aid. Maybe they can help with this.

[–]Marzy-d 7ポイント8ポイント  (4子コメント)

I don't think this is true in Massachusetts. The only way for you to be determined to be the father is if 1) you signed an acknowledgment or the birth certificate or 2) there is court proceeding. There is the presumption in the court that you are the father if the child is born within 300 days of the divorce. But not having a penis is a pretty good rebuttal of that presumption.

Get a lawyer, and you will have a good chance of winning this case.

[–]NapalmenatorQuality Contributor -1ポイント0ポイント  (3子コメント)

That's exactly what I said. Right now, he is the legal father until a court says otherwise. He is presumed to be the father legally. Only a judge can say he is not the father. Until then, he is it.

[–]Marzy-d 7ポイント8ポイント  (2子コメント)

No, because in Massachusetts there has been no establishment of the paternity of this child. From mass law site "If the parents are not married to each other when the child is born, then paternity must be established before the father’s name will be placed on the birth certificate. Paternity can be established by signing a voluntary acknowledgment ,or getting a court order " neither has happened, so he is not currently the legal father. During court proceedings he will have to overcome the presumption of his paternity, but he isn't legal anything right now.

If in fact the child was born in MA, which I am only assuming from where OP currently is.

[–]NapalmenatorQuality Contributor 1ポイント2ポイント  (1子コメント)

They were married within 300 days of birth, so he is the father by law.

Link

he is or has been married to the mother and the child was born during the marriage, or within three hundred days after the marriage was terminated 

[–]Marzy-d -1ポイント0ポイント  (0子コメント)

The section you link to indicates the parties that must be included as part of a paternity action. As you see, prior to 1994 not even a voluntary acknowledgement on the birth certificate by an unmarried partner was considered sufficient to determine who the legal father was. OP is clearly a mandatory joinder, but isn't the legal father. This is important, because MA law makes it very difficult to cease to be a legal father - typical grounds of fraud, duress, etc. are required. But OP does not have to overturn anything, because he hasn't acknowledged or been adjudicated as legal parent.

I thnk we are on the same page with advice - OP needs to get a lawyer and defend any paternity action - I am just making the point that MA makes that a bit easier by making legal determination of paternity required when parents are unmarried at the time of birth, absent a voluntary acknowledgement.

[–]Fdcairp[S] 25ポイント26ポイント  (15子コメント)

Thanks. I'll call for legal aid to see my options but there doesn't seem to be any. It seems like I'll be forced to work to pay for children that aren't mine and I've never seen. Honestly, I'd rather not survive my cancer anymore.

[–]BiondinaQuality Contributor 68ポイント69ポイント  (12子コメント)

You've got options. Come on. If it is determined that you are not the father, then you won't be obligated to pay. Rather than take this lying down and accepting the long term child support obligation, spend a hell of a lot less money on legally disputing it. It's a simple issue: either you are the father, or you aren't.

[–]Fdcairp[S] 19ポイント20ポイント  (9子コメント)

This is good news. It was my assumption that if I'm the legal father then me not being a biological father is irrelevant to the subject. I guess it was a wrong assumption and the courts will care if I'm not the actual father?

[–]BiondinaQuality Contributor 59ポイント60ポイント  (8子コメント)

They absolutely will. Child support can not be demanded by the court just because someone tells the court you're the dad. Your paternity must be legally established.

[–]Fdcairp[S] 22ポイント23ポイント  (7子コメント)

Thanks. Just another question as I'm confused. Isn't the paternity already legally established by me being the "legal father" in this case? If no and if it needs to be re-established, then what was that thing about me being married to her at the time of conception making me the legal father?

[–]BiondinaQuality Contributor 58ポイント59ポイント  (1子コメント)

The presumption is that you are the father under the law if you were married at the time of conception, therefore you are currently the legal father. You must now rebut that presumption through a paternity test, to establish that you are not.

[–]Fdcairp[S] 39ポイント40ポイント  (0子コメント)

Now I understand. Thanks for the help and being patient with me.

[–]jennybean42 35ポイント36ポイント  (1子コメント)

From what you are saying, currently you are the legal father.

A paternity test will challenge this fact and will prove that you are not the biological father, (and have not had a paternal relationship with the children,) and will most likely release you from your obligations.

[–]DClawdude 9ポイント10ポイント  (2子コメント)

When did you find out that she alleged paternity?

As I have said in other posts in this thread, there are some jurisdictions where you have a limited time window to prove non-paternity. After that window closes, regardless of DNA tests or lack of a penis, you will be the legal father permanently and unable to get off the hook for support. The rationale is actually to protect men who were told they were the father from basically providing support and bonding with the child and then all that gets yanked with a DNA test 10 years later, but in this case could work against you if it applies.

[–]The_Impresario 3ポイント4ポイント  (1子コメント)

And do we know what that window is in Massachusetts?

[–]mduell 2ポイント3ポイント  (1子コメント)

If it is determined that you are not the father, then you won't be obligated to pay.

You have a MA cite for that?

[–]BiondinaQuality Contributor 1ポイント2ポイント  (0子コメント)

Nope.

[–]dewprisms 8ポイント9ポイント  (0子コメント)

You keep saying you can't afford legal representation, but then say you'll have to pay for children that aren't yours. Fighting now has a high up front cost but zero long term cost. Not fighting this will be far more financially devastating.

Considering the unique circumstances, you may be able to find a local lawyer who is willing to take your case without having as high of a retainer or something if you walk in with documentation from your doctor showing that this isn't even really a possibility, and the name of the man who knocked her up (if you know it) so a portion of the leg work is already done.

[–]SoMuchMoreEagle 1ポイント2ポイント  (0子コメント)

I'm really sorry to hear about your condition and other troubles. I can't begin to imagine what you are going through or what you've been through.

Do you have people in your life to lean on and talk to? Have you looked into support groups in your area? Your doctor might have some resources to point you to. The American Cancer Society also has services, like rides to treatment, if you need it. I have also heard great things about the people on /r/cancer.

I wish you the best.

[–]untaken-username 5ポイント6ポイント  (3子コメント)

You are the legal father since you were married when she conceived. Penis or no.

So how does that work with a married lesbian couple? If one gets pregnant somehow is the other the legal father since she was married to the pregnant one at the time of conception?

Now, you may say, "No, she can't be the father since she is a woman." But what if the non-pregnant woman had surgery to transition from female to male?

[–]NapalmenatorQuality Contributor 1ポイント2ポイント  (2子コメント)

If they are legally male and married then they are the presumed father. Same as OP. Ability to have a baby is not considered in the law with regards to presumption of paternity and marriage.

If both are female then the paternity laws obviously do not apply.

[–]untaken-username 2ポイント3ポイント  (0子コメント)

Is the gender of the marital partner relevant as of the date of presumed conception or the date of delivery?

I know this is getting into way out there territory, but it has me wondering what would be th ruling if a lesbian got pregnant on (presumably) Oct 1 and her wife was female, but on Nov 1 she completes FTM gender reassignment surgery and is therefore legally male when the baby is born.

[–]apolonious 0ポイント1ポイント  (0子コメント)

If the presumption doesn't apply to women couples... do we smell an EP challenge here?

[–]subbookkeepper 0ポイント1ポイント  (0子コメント)

Does that mean that mothers can be declared the legal mother if a husband conceives a child in marriage? The ole Ned Stark bring a barstard home trick.

[–]HarithBK 6ポイント7ポイント  (0子コメント)

it defaults to you since you where married when the bumping happen. you could have contested it back then very easly so she would have needed to prove you are the father.

now however you need to get a lawyer and a paternity test, a pick of your downbelow area for effect aswell as your medical record. mounting the evidence in this manner no judge would say you are the father.

[–]PrinceRondavel 11ポイント12ポイント  (0子コメント)

Some of the commenters here should keep in mind that because of the paternity presumption that applies to married couples, in some jurisdictions mothers have to bring support lawsuits against the former spouse, even if the mother is certain that the husband is not the bio dad. I am not licensed in Massachusetts, but in my state (Georgia) and others as well there are judges who won't even hear a child support case against an alleged father if there is a spouse or ex-spouse to whom the presumption applies. The judges will allow the presumption to be rebutted by paternity testing, but only after this is done will the judge even entertain the idea of ordering the actual bio dad to be tested.

I mention this because there is a lot of finger pointing at the mom, accusing her of fraud, etc., but we really don't know anything about her situation, the legal advice she has been given, or even whether it is the state child support agency that has actually filed the civil action. If it is the CS agency, then it will be operating under its own policies and procedures. One of which could include bringing the action against the ex husband even when the mother names ex boyfriend as the father.

All that said, OP, please absolutely do everything you can to insist that a paternity test must be done.

Edit: typos

[–]BaronSolace 5ポイント6ポイント  (0子コメント)

a free paternity test is part of the form, fill that portion out take the test and they will have the evidence they need.

[–]fakeittillyoubakeit 6ポイント7ポイント  (0子コメント)

Just because you don't have a penis doesn't mean you're not producing sperm. Not having a penis doesn't really mean much. If you know it's not yours, get DNA tested.

[–]Emerett 2ポイント3ポイント  (0子コメント)

I feel like you'll have no problems finding a lawyer that will be willing to do this for free, I however cannot offer any advice.

I really wish you the best of luck and hope the best for you. Good luck with your health also.

[–]RGuyCali 2ポイント3ポイント  (0子コメント)

If you truly can't have kids, get a letter from your doctor stating so. Send a copy and a letter to her lawyer. Most likely her lawyer will drop the case. If not. Take letter from Doctor to court and explain to judge.

[–]WPRWeb 4ポイント5ポイント  (1子コメント)

Not a lawyer but from different articles I have read and other threads I have seen come up on this subject the idea of paternity being applied towards the OP would only apply if he acted in the capacity of a father figure for the children?

OP has clearly stated "We divorced before the children were born" so that would mean that any legal obligation that he had to this woman was gone as soon as the divorce was final and he never acted in the capacity of a parent for the children so how could he be seen as having any involvement with them?

Definitely need a lawyer, the woman is looking for a patsy and she has decided you fit the bill.

[–]MildredNatwick 4ポイント5ポイント  (0子コメント)

Nope. The presumption is that a child conceived or born in a marriage is the child of the mother's husband, so that man has the rights and responsibilities of fatherhood, unless a different (i.e., biological) father is found.

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      [–]obeytrafficlights -1ポイント0ポイント  (0子コメント)

      Your wife must have known you didnt have a penis at some point, right? she knows you arent the father and the lawsuit is frivolous. Threaten to countersue because she is willfully harassing you.

      [–]monkeywelder -2ポイント-1ポイント  (0子コメント)

      Most probate courts in Mass are very heavy into pro-se help. Most litigants are pro-se Each court has sample forms and how-tos on their websites. Hit up each county site. Some are better than others. Download the forms, these courts also are very accustomed to hand written statements. Most have free legal aide at the court house once a week. For some reason Tuesdays are the most common. There is also a fathers support group , you can google it. They give alot of help. and pointers on where to look.