Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I am a screen writer working on a script about a parent, and I wanted to ask a quasi-legal question about paternity.
Unfortunately, I'll need to give you a little background first.
In this script we have: Sarah, Mark, Greg.
Mark was married to Sarah, but Sarah had an affair with Greg and conceived a child with him. Sarah lied about the paternity of the child claiming it was Mark's. Mark went to jail for a crime. During his time in jail, Sarah divorced him, married Greg, and then Greg filed a suit for paternity of the child. A blood test indicated the child was his. Plus both Greg and Sarah testified that the child was indeed his. Mark was removed as the father though not by choice; he fought to remain the legal father of the child. Later Sarah broke up with Greg, and Greg died of an accident. If Sarah reversed her statement claiming she had not had sex during the time she had conceived could Mark regain paternity? (Sarah could claim since Mark was in jail she just wanted the child to have a normal father in the man she'd newly married, the child was only about two when she divorced Mark and married Greg.)
Sorry for the long complicated narrative. And I know it sounds like a terrible soap opera, but I'm just trying to include the aspects neccessary to establish the question. It's a lot more dramatic than the question sounds. But honestly, I'd like to stick to the question rather than story analysis. Is this situation possible?
DNA tests are not absolutely proof so the court would have the testimony of Sarah, the mother who did lie at least once, cooperating the testimony of the father who was originally listed as the father and who has always stood by that testimony and wanted the child. Against the testimony of Greg, dead no longer capable of being a "father" and against the evidence of a DNA test. Could Mark regain paternity?
What state do they live in? In some states, the law is writen that paternity is determined by marriage, not genetics. As a result, in those states Sarah and Greg wouldn't have been able to take paternity from Mark via court in the first place.
If Sarah and Greg successfully won paternity from Mark against his will (because they lived in a state where laws allowed such a thing), who is to say that she'd have to fight Mark for paternity in the future. Afterall, Mark wanted the child and very well could still want the child. The paternity option would be irrelevant because Mark could adopt the child since Greg is dead. Then paternity wouldn't even matter if Sarah brought for another Tom, Dick, or Harry in the future.
As your question stands, I doubt Sarah would have a chance in Hell the second time around in court. The DNA test results and her past testimony is previous court records would hold more weight than her second testamony. Mark's testimony is irrelevant because Mark has no proof whatsoever. One way or another, Sarah would be guilty of purgery in one of the trials. She would have to admit to purgery in the first trial the minute she took the stand in the second trial. Her credibility would be ruined.
To answer your question about Mark regaining paternity, my answer is that it's irrelvant because Mark can adopt the child after Greg dies.
To answer your question about Mark regaining paternity, my answer is that it's irrelvant because Mark can adopt the child after Greg dies.
That's a good idea! Thanks! I do need to ask a question on adoption now though.
I'm not trying to say Sarah wants out of the child's life she's just trying to let Mark back in. So I was thinking as a divorced couple they would be doing a shared custody thing. Is it possible that Mark could adopt while Sarah is the living mother and is still wanting to act the part of mother?
This is not really something laypeople on an Internet forum can answer. This is a question that needs input from a paternity lawyer who knows the specific laws of your characters' areas.
This is not really something laypeople on an Internet forum can answer. This is a question that needs input from a paternity lawyer who knows the specific laws of your characters' areas.
Quote:
Originally Posted by Hopes
He's only writing a screenplay. It's not like it needs to be perfect. It just needs to make sense.
It's actually kind of ironic how much good advice you get from non-professionals and how much bad advice you get from professionals. An example was: I once had been talking to people about a tricky legal point in a story. Just random people on forums, and we'd come to a pretty good analysis of the situation (I thought!)
Anyway, I needed to be sure though, but I'm broke. I finally found a lawyer that would give me a little bit of his time for free. I asked him the question, and he was seriously offended. He was shouting about me wasting his time and film on such a stupidly ill-formed un-legally structured concept.
The funny thing was I was convinced I was at least in the ballpark so I went back and studied it more then took him all the laws and everything to show him I was correct, and he said: "I didn't know that." "But it's stupid of you to think you can just figure these things out on your own." And offered to work for me at half his normal rate to finish consulting on the script.
Moral of the story. Don't always trust the professionals. Get a lot of opinions from a lot of places! And always get your starting pointers for free. It's just too expensive to be bouncing around, completely off point and paying for it.
My adoptive grandchild's birth mother was married to A, but separated and got pregnant by B. Both A&B had to sign the adoption papers as A was the legal father and B was the birth farther.
If she marries Mark again then he could legally adopt the child as his own. The legal action to adopt would be much easier as the biological parent is deceased.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Adoption?
