Legal Question in Family Law in Oregon

Re: paternity problems

YOUR POST:

My husband was tested by the stare of Oregon to see if he was the biological father of a 4 year old girl. His brother was also tested and it came back that my husband was the father. Its been 2.5 years now and 25k later with lawyer fee�s and so on. The mother of this child is a heroine addict and its been hell to say the least. Just trying to give you the big picture here and now the biological mother has some blood tests done on my step daughter and is trying to say that there had been a mistake with blood tests that had established the paternity before. Now its coming out that the state made a mistake and its my husbands brother who is the biological father.

QUESTION: Where does that leave my husband and I as far as legally?

We have paid back all back child support around $20,000, $18,000-$25,000 in lawyer fee�s fighting for her in court, and all health bills and insurance for the past few years. Are we just out all that or what. I wouldn�t be so concerned about money at this point but we sold everything we owned to and cashed in everything cent in saving to fight in court to get his daughter out of the state system.

ANSWER:

1. It MAY be possible to sue mother for recovery of the support previously paid. I have several legal theories that might be applied.

2. I am assuming that the present "legal" father does not want to continue to be the legal father if he is not the actual biological father.

3. What does the mother want to do? Does she now want to "change" fathers" Or what?

Suggest you give me a call at 503.224.8884 and give me an opportunity to further discuss your case.

LDG

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

E-mail: [email protected]