SUCCESSFUL WINNING STRATEGIES

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NOTE: This is educational information provided for
you to discuss with the attorney of your choice.

May 17, 2001

By Louis Kiefer and William O’Shea
Kiefer and O’Shea
Attorneys at Law
21 Oak Street, Suite 310
Hartford, Ct 06106

Note: Attorney Kiefer and O’Shea several years ago successful reopened a judgment of divorce, had the court make a finding that the presumed father was not the father of a 12 year old girl, had the court erase an arrearge of $4,000.00 and had the court order the mother to pay back $9,000.00 in child support collected by her failure to identify the father.

"The court today, with the use of DNA testing, does not have to have the wisdom of King Solomon to determine who the biological father is."

There is nothing more outrageous in today jurisprudence that paternity fraud which requires the victim to pay thousands of dollars to the perpetrator of fraud; a system which places efficiency of injustice over the inefficiency of justice; and hides in failure to do justice under the herbage of "best interests of the child."

The following represents the winning strategy to set aside the paternity fraud.

Proposition One: In politics and in paternity you cannot beat someone with nobody.

Proposition Two: Never depend on discovery to build a case because you won’t be permitted to obtain it and therefore won’t have a case.

Proposition Three: Bring all your actions at once, because if you don’t a loss in one court may prevent success in another.

Proposition Four: In civil actions, based on fraud you may be entitled to a jury.

Proposition Five: In civil actions, unless authorized by statute your ex-wife will not be entitled to attorney’s fees.

Proposition Six: Never use non-paternity as a defense in a child support enforcement action.

To succeed in trial you must:

(a) investigate
(b) self educate and educate your lawyer
(c) go on the offensive
(d) strategize.

ESSENTIAL STEPS TO TAKE:

INVESTIGATION

1. PROVE, THROUGH COMPETENT MEDICAL TESTING THAT YOU ARE NOT THE FATHER.

This means that you are able to take the child for a mouth swab for saliva/cheek cells which, together with your DNA can establish whether you are the biological father or not. The DNA test no longer requires both parents; nor does it only require blood to be drawn.

You cannot provide it by statements of your ex-wife because at the last minute she will deny saying it. You need DNA evidence.

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