My baby dad had a DNA test done on the baby it came back positive, can i now sue him for defamation of character?


4 Answers

Dollie Geary Profile
Dollie Geary answered
What you need to ask yourself is even if you sued and you won, would that bring you peace. Maybe  you need to step back until you can calm down and see if he steps up and becomes a good father both financially and taking part of his life. After all isn't that truly whats important. An outside opinion from someone in simular situation once... Trying to help.
KR- myopinions Profile
KR- myopinions answered
Technically anybody can sue for just about anything, doesn't mean they win or aren't wasting time, money and energy though. It also doesn't mean the other party wouldn't decide to file a counter suit with a better case that may not have been filed otherwise.
What actual damages did you suffer by his statement? He can express his honest belief that the child may not be his and not have it qualify as defamation. He furthered that and showed he wasn't making knowingly false statements for the express purpose of causing you real damage and that he really did doubt it. He did the DNA test to clarify and prove whether or not he fathered your daughter.
A lawsuit (and police reports and more fighting ect.) would really only fuel the situation between you two, be another thing to be angry and bitter and fight about. What you all accomplish by doing all of this is usually only one thing, hurting the child or children involved.
Look at the positive, now there is no question. His doubt can never interfere again. It won't come out later in how he thinks about, acts towards and treats his child. A major obstacle that would only hurt your baby in the end no longer exists, it's ultimately a positive thing.
A DNA test is almost par for the course now and in most situations probably should be done just to get it out of the way, eliminate any doubt, establish paternity for a certainty in the best interest of the child/children involved. He can't use any doubt of paternity as an excuse for not paying the support that your child has a right to. He has no reason or excuse to ever deny his child since it is established without doubt.
Why don't you want to collect child support from him? You guys created a life whom now has to come first, before any personal feelings and all your actions should result from that first priority. Financial and emotional support and stability is your child's right and everything that can be done towards that and to benefit your daughter, should be. Why not make him live up to his responsibilites?
The larger and more stable the support system (financial and emotional), the less negativity that enters into it the better for your daughter. None of the adults in your child's life should be allowing their own personal feelings have a negative affect on your child's welfare and upbringing.
Every effort possible should be made now to put all of that aside and everyone needs to try to cooperate and do what is best for the baby, your daughter, his daughter, their grandchild, their niece. All the fighting and negativity and 'tit for tat' hurts the children in the end, much more than anyone else. It effects their emotional well being as they grow up and who they become.
Nobody's negative feelings or thoughts towards anybody else should be coming through in front of or within hearing distance of your daughter. Not in words, not in an attempt to influence, or in actions. All the fighting and trying to hurt each other can make for a very unhappy and stressful childhood leading to a less emotionally stable, responsible and mature adult. You guys will also likely have to deal with a lot more problems, mistakes and acting out when she starts to head into and through the teenage years.
If he is violating valid protective orders then call the police when he does.  If those protective orders were filed more out of anger and hurt than anything else, then you might consider dropping them if and when you feel more comfortable. It may help ease some of the tension and anger between you if they aren't truly necessary and are helping to fuel a miserable situation.
I'm not saying they weren't valid by any means but they are sometimes filed from a different place and for different reasons than what they are intended for and worth considering if something like that is, or could be, causing more harm than good. 
If arrangements need to be made for the two of you to only meet in a nuetral place, do that. If you believe that there is an actual need for supervised visitation until a later date (you have filed for protection orders) then take the steps needed to get that done. As you begin to work together maybe he would be willing to consider some anger management classes.
Approach him calmly with a voice of reason about maybe going to some family counseling together and possibly even taking some parenting classes together. Not because either of you probably feel you need them but to help lower some of the tension between you, raise confidence levels in each other, to learn how to cooperate and co-parent in a more postive way and to help you both gain additional skills that will help you act in the best interest of your daughter.
Having a child together is forever. You are now stuck with each other. Anything other than trying to make every effort to get along as well as possible and effectively co-parent is only going to make everybody miserable now and cause a lot of unneccessary drama, stress, anger and devastation. Why make things harder than they need to be? The time and energy spent fighting and trying to find new ways to hurt and anger each other and being hurt and angry could be much better spent in taking steps to make things better. It would also be easier in the long run.
Do you really want to live like this and feel like this for the rest of your lives? Probably not. Acting out of anger and hurt, being spiteful and malicious to each other isn't going to anybody any good. It's done and there is no changing who the parents and family of your child is. You guys need to try to work together now to make it the best situation possible, put all the negativity behind you as best as you can and do what is going to be best for your child before anything else. I hope things begin to turn around soon. Good luck.
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Simone Thompson
Simone Thompson commented
I dont want nothing from him. I dont even want to see him on a blutty photo. I just want him to leave me and my daughter alone. We were engadged and i went on away for 3 weeks on business came back he was married to someone else. Now that his life is falling apart he want to make mine misserable. O no that not on. That why i dont even want that support money from him dont want no ties with him
Arthur Wright Profile
Arthur Wright answered
Nope not at all. The most you can sue for here is child support and thats it
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Simone Thompson
Simone Thompson commented
Why i ask is becuase he went and told everybody it is not his child after two years of her being born. He come to my house and swear me of all kind of nasty things and it just get worse every day. I dont even want child support from him. I had protection orders the works he violated every last one. If it not him it is his family. Now what should i do?
Meta Forrest Profile
Meta Forrest answered
After reading your comment to your question, I suggest you report him to the courts for violating the protection order .  Let them deal with him .  He is truly a rat who needs put in his place .  Good luck .

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