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Matthew H. Friedman
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Matthew Friedman’s Answers

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  • IF I HAVE A PATERNITY TEST, & PROVE I AM NOT THE FATHER, AM I RESPONSIBLE FOR CHILD SUPPORT? MY NAME IS ON THE BIRTH CERTIFICATE

    GOING THRU A CHILD CUSTODY CASE, HAVE 2 CHILDREN WITH MY EX-GIRLFRIEND. SHE IS NOW CLAIMING THE FIRST CHILD MAY NOT BE MINE, BECAUSE SHE DOESN'T WANT ME INVOLVED WITH HER. HASN'T DENIED THE 2ND IS MINE, THO. I AM ON BOTH BIRTH CERTIFICATES AS TH...

    Matthew’s Answer

    • Selected as best answer

    As discussed above, whenever paternity is in question is is always advisable to seek genetic testing to confirm and clarify any doubt which may exist. Under ordinary circumstances, where it can be demonstrated through genetic evidence (i.e. a paternity test) that an individual is not the biological father of a child in question, that individual will not be compelled to tender financial support for that child.

    However, it is important to be aware that, depending upon the amount of time which is allowed to pass, a court could deem a presumed father to have waited too long to contest paternity. In such cases, where a presumed father has held a child out as his own for an extended period of time, the court could apply the doctrine of adoption by estoppel and deem the subject minor to be the "child" of the presumed father, even where genetic testing can demonstrate that, biologically, the child is not his.

    It is important to seek the advise of competent legal counsel on matters such as these and ensure that the particular details existing in a given legal matter are properly vetted in a formal legal consultation.

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  • If you married someone twice, 1968 & 1969, and only have 1 divorce, doesn't state any dates.

    Just located him after 37 years. questioning child support due to me. no statute of limitations in ca or nv. got a California divorce.

    Matthew’s Answer

    Generally, the validity of a marriage and/or divorce depends upon the timing involved. Presuming parties were validly married and subsequently divorced and later validly remarried (without subsequently divorcing) the second marriage would still be a valid social contract. As such they parties would need to seek a second divorce to adjudicate the respective rights and duties at issue.

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  • Can grandparents take unborn child from mother because their son died and they hate her? They even said will kidnap baby!

    Said she be arrested if shows up at funeral! And his parents are messed up. They had four kids. So far three are dead! Two of which committed suicide! How can we make sure the grandparents never get to see the baby? They have serious issues. There...

    Matthew’s Answer

    The comments presented above concerning the extremely high legal standard applied in cases to declare a parent unfit are spot on - these are most likely hollow threats. However, generally, grandparents and other persons with a "special relationship" to a minor child can petition the court for time (visitation) with the child. It is important to know that grandparents, or other persons who intend to petition the court for relief under this section of the statute, must first be denied visitation by the custodial parent before proceeding in court.

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  • Mother is refusing the court ordered paternity test what do I do?

    The child lives in Mississippi and I live in Nevada

    Matthew’s Answer

    I would agree with the answer provided above. It is likely that if a child's mother is under court order to produce a child for paternity testing, her failure to do so (absent a compelling and legitimate excuse) could constitute disobedience of a lawful court order or writ. As such, she could be subject to being found in contempt of court and face financial sanctions and penalties...and possibly jail. A litigant seeking to enforce the order for testing would likely need to seek relief (in the form of enforcement of the order for paternity testing and findings of contempt of court) in the jurisdiction where the paternity test was ordered (presumably the child's home state).

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