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Thread: Help me please Husband wants divorce what should I do?

  1. #136
    IndiReloaded's Avatar
    IndiReloaded is offline Yawning
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    Quote Originally Posted by stev123 View Post
    The troll is strong in this one, claims to be an aerospace engineer. Spends the day making troll threads...phuck me dude you are pretty pathetic.
    LOL, Stev123. Strong troll indeed. Reputation you have been given.
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  2. #137
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    Quote Originally Posted by helpmeplease123 View Post
    My lawyer said it was like I'm making claim that he is the father, his disputing the claim, so i have the burden of proof.
    Excepts from some of the following Australian links:

    A father can deny paternity of any child. However, the father has a difficult onus of proof to discharge, particularly if the father has allowed his name to be entered in the Register of Births or on the birth certificate.

    To determine a child’s parentage as a matter of law, rather than science, the FLA (Family Law Act) contains a number of presumptions of parentage. These presumptions arise from marriage; cohabitation; entry as a parent in a register of births or parentage information; a court finding of parentage; and execution of an instrument acknowledging paternity.[27]

    'FOB denied paternity. What happens is you go to court, they order a paternity test, he pays for it, and if he's not the father he gets a refund. If he refuses paternity test he will be presumed the parent.

    http://www.alrc.gov.au/publications/35-parentage-testing/uses-parentage-testing

    http://www.lawhandbook.org.au/handbook/ch05s03s02.php

    http://www.bubhub.com.au/community/forums/showthread.php?390258-Denying-paternity-to-CSA

    http://www.dnatesting.com/blog/dnatesting/2011/03/paternity-test-request-denied/

    http://www.articlesurfing.com/legal2/paternity_rights_and_challenging_the_obligation_to _pay_child_maintenance_victoria.html
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  3. #138
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    I don't understand - how can you prove he's the father if he's unwilling to take a DNA test? As far as I know, the burden of proof is on him and unless he gets that test, he will be assumed the parent.

    I'm really sorry your jerk-off husband is taking it this far.

  4. #139
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    OP you are married which means you own half of that house. Go and see a different lawyer. Since he is being so freaking nasty and childish- I would get even and take every penny I could get from the prick. The way he is treating you and your child is nasty and you need to fight back hun. Grow a backbone.

    Its horrible how someone you shared so long with and raised a baby with can turn on you like this. You are so much better off without him but right now you need to stand up for yourself and stop allowing him to walk all over you.

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