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Collateral Estoppel in Paternity Case (Family Law)

Fri, 20 Nov 2009 20:14:00 GMT
Tags: 17months, aop, case, collateral, court, dismissed, due, estoppel, family, involves, law, paternity, recinded, state

My question involves paternity law for the State of: PA

I have been to court 17months ago and my paternity was dismissed, and AOP was recinded due to fraud. (child is 12). Fast Forward to this week, and i recieved a new complaint from the mother seeking child support again, even though paternity was dismissed around 6/2008. She has fraudulently filled out the paperwork again, and has already destroyed my marriage and has caused me to lose my 2 daughters as i only get to see them every 2 weeks now. This has caused unnecessary stress and even the state of PA sent my money back 16 months ago that was being held during the court proceeding. The State has already removed my name from the Birth Certificate, and i thought this nightmare was over. However someone at Domestic Relations allowed her to refile a case that was already closed??? Too boot it is the same docket number and case numbers??? how is this even possible???

Definition for those that may not know:Collateral estoppel is the legal doctrine that holds that the determination of the facts litigated between the parties to a proceeding are binding and conclusive on those parties in any future litigation. It is also referred to as "issue preclusion". The constitutional ban on double jeopardy includes the right to plead collateral estoppel.

Under collateral estoppel, once a court has decided an issue of fact or law ncessary to its judgment, that decision may preclude relitigation of the issue in a suit on a different cause of action involving a party to the first case. The collateral estoppel bar is inapplicable when the claimant did not have a 'full and fair opportunity to litigate' the issue decided by the other court. Thus, a claimant can file a federal suit to challenge the adequacy of state procedures. Ordinarily, collateral estoppel is an affirmative defense that must be raised by the party seeking to use it, or else it is waived.

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  • Sat, 21 Nov 2009 20:02:00 GMT(1)
  • i would research online to see if this defense was used at any time before in a case like this. From the information i see, it looks as if there is someone inside the domestic relations office pushing this through. I would investigate that, and you really need to get a lawyer. DO NOT waste time. I saw a case recently online where a child had an ack. of paternity with a non-bio father, found out someone else was really the father, dna proved it, and they maintained that since the bio-father didnt know about the child nor had any kind of relationship with said child, that reversing the ack. of paternity would not be in the childs best interest. However, if you look at this from adoptive parents views also, this could be scary legally, if this were to be flipped against you. Why did it take 17 months for this to come back?
  • Sat, 21 Nov 2009 20:39:00 GMT(2)
  • If the case number is from the court case, presumably something new has been filed in the court case. If you did not receive a copy, I suggest investigating with the court and getting a copy of whatever you need from the court file. Or have your lawyer do that for you.
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