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Originally Posted by niteuser
Recently, Had fallout with ex-girl friend we had a child but they was unsure about who the father was so they did not put me secured party on the birth cert. But now she is filing a petetion for custody, childsupport , and perternity. against the stawman. I was wondering if possiable I can deny the perternity and some how release myself totally of the child. Heard something at one time you could give over perternal rights to the child. After all she has done I need to just leave em in the dust because she even tried to send me to jail for 60 years over a lie and I was able to get that dropped proved her a lie in court, but I did try to get full custody of the child because of the way she mistreats him, but droped my case agaisnt her and now her lawyer filed this new one trying to get them to order custody, perternity, and child support and she states in it I was present for the birth but not on the certificate because she is unsure. I just want to stay out of the courts and be released of this ongoing miss.
Any Ideas how to respond where they not get orders on me for this?
Best Regards,
niteuser
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I just want to add a few items for you to consider, in my humble opinion.
If you are not on the birth certificate, you are a somewhat better position. Mainly, you most likely did not sign the declaration of paternity from the Department of Welfare. This document seems designed to get the father to waive most of his rights.
However, once your ex file a complaint, the court will likely be very favorable to her. This complaint should be signed under some sort of
penalty of perjury, check you state's
Civil Rule of Procedure.
This may help, look around:
http://bookstore.lexis.com/bookstore...26perPage%3D10
Make sure that you ex-girl friend is there to testify, if she does not show try to
get the matter dropped! However, the court will likely give her several times to show up. If you miss the court date, the court may decide against you in your absence. They will likely be a little slower if she does not have your information (mostly the the SSN#).
Quote:
Kansas Bill of Rights
§ 10. Trial; defense of accused. In all prosecutions, the accused shall be allowed to appear and defend in person, or by counsel; to demand the nature and cause of the accusation against him; to meet the witness face to face, and to have compulsory process to compel the attendance of the witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed. No person shall be a witness against himself, or be twice put in jeopardy for the same offense.
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Emphasis added.
If she doesn't have your I.D. information such as the
social security number that you are using, then you may be able to give them a hard time to collect anything. However, if she has this information, the court will be able to garnish your wages, take money from your bank account, etc.
Therefore, it will be hard to avoid the
family (killing) court system.
Remember that you will most likely only have ten (10) days to respond to any complaint that you will be served with.
The court will probably set up a conference to see how much they can squeeze from you. They will demand that you bring pay stubs, bank statments, and other information about your assets and income. In short, they are asking you to
speak against yourself, which goes against the U.S. Constitution. Would you want to make an issue of this? If you do, the matter may go before a judge.
They will try to get you to do a
DNA test if you say that you are not the father. Again, In short, they are asking you to speak against yourself, which goes against the U.S. Constitution. Would you want to make an issue of this? If you do, the matter may go before a judge. You may want to demand a
jury trial, see your state constitution for the details.
Quote:
Kansas Bill of Rights
§ 5. Trial by jury. The right of trial by jury shall be inviolate.
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Emphasis added.
http://skyways.lib.ks.us/KSL/ref/con...on/rights.html
Kansas State Constitution
http://skyways.lib.ks.us/KSL/ref/constitution/
All of this is hard work, you may want to consult an attorney. However, be aware that the attorney may try to get you to take a deal that will spell your
doom. Of course you may
speak for yourself.
As to whether you decide to take flight, or you decide to fight, the matter is in your hands. However, remember that anything you give will likely be used against you. Thus, if you go to their conference, do not volunteer any information, don't go for their informal crap. Try to move it to a jury trial. The jury may see what is going on and give you an acquittal, or not. Yet, I think your chances are better with the jury than with a judge trial. I have heard of too many situations where the judges act as tyrants of the family court. A few acquaintances that I know, who work in the court system, are appalled at what they witness by judges, and the court system in general;
the court system is set up to devastate men!
Just my opinion.