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?
Last edited by lvlr; 03-17-2011 at 04:27 PM.
Since DNA tests are widely documented to be 99.9% accurate, I would imagine that 'Mark's' only option would be to apply to legally adopt the child (with the mother's consent).
Proud stay-at-home dad since May '08 looking after our daughter. Son born 7 weeks early in Feb '10.