LET'S ASSUME YOU HAVE IDENTIFIED THE REAL FATHER; YOU HAVE EVIDENCE THAT YOUR WIFE LIED ABOUT YOU BEING THE FATHER, AND THAT YOU CAN PROVE THAT YOU ARE NOT THE FATHER.

State two or three lawsuits as follows:

1. In the divorce court to reopen and set aside the finding of paternity and to establish paternity. Move to implead the biological father in that action. Move for DNA paternity tests of the biological father, mother and child(ren).

2. In the civil court sue the mother for fraud (or mutual mistake of fact) seeking money damages, and punitive damages.

3. Bring a suit against the biological father and the mother for necessities and the biological father for past due support.

4. In the civil action, notice the person who did the DNA testing for a deposition; take the deposition and establish as a matter of fact that you are not the father.

5. In the civil action, notice the mother for a deposition and ask her who is the father, when she knew and if she told the father.

6. In the civil action, notice the biological father and see when he was told that he was or might be the father; whether he was having intercourse with the mother, etc.

DON’T PIECEMEAL THE LITIGATION: START THEM ALL AT ONCE.

IF YOU PIECEMEAL, YOU MAY FIND THE DIVORCE COURT MAKING A FINDING THAT YOU ARE THE FATHER WHICH WILL BAR YOU IN THE CIVIL COURT.

DO NOT TAKE DEPOSITIONS IN THE FAMILY COURT

The judges will not be friendly in that court, may order you to pay attorneys fees etc. The judges in the civil court can’t order you to pay her fees.

WHEN YOU HAVE THE EVIDENCE IN THE FORM OF A DEPOSITION ABOUT THE DNA / AND MOTHER FILE A MOTION FOR SUMMARY JUDGMENT ATTACHING THE DEPOSITION TO THE MOTION.

This can be filed in both courts and now the judge will have to look at the evidence and do some soul searching.

PREPARE FOR BEST INTEREST ARGUMENT IN FAMILY COURT

Here is where you may try different approaches. It becomes a strategic planning decision.

You may, in your motion in the family court, specifically allege the failure to have contact or a relationship; that the child will, for cultural, ethnic, or geographical reasons have a better chance with the biological father than with you. You may document the number of times of missed visitation; the relocation, or other facts to show that the best interest will be serve by having you removed and the other father substituted. He may have more money; more assets; she might get more child support under the guidelines. For medical diagnosis and treatment she may belong to a "favored" population or minority. She may, as a minority be entitled to preferences in hiring, and in education. Think of all the reasons why she would be better off. Make the allegation about best interests.

Or, if you want to be devious, demand custody and more time and let the mother show that the daughter hates you. It’s a choice.

I would be interested in your thoughts after you consider this. You may e-mail me at Lkiefer1@hotmail.com .

Good luck

Louis Kiefer

Copyright (c) 2001 - 2010, Louis Kiefer, Used by Permission

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