My ex is a nut job. I was served with court papers for paternity, child support, and custody for unnamed yet to be born child #1 & #2. Problem is I’m not pregnant. What do I do?

Thanks for the laugh. 

In 25 years of family law practice I’ve never heard of a man seeking custody of children (plural) that do not exist, nor have I ever heard of a man seeking custody of a child (let alone children (plural)) that were never even conceived. 

To answer your question generally, and without knowing in what jurisdiction you reside or where the paternity petition was filed (consult an attorney in the applicable jurisdiction—don’t try to handle this by yourself), you should be able to dispose of the petition easily by what is known as a motion for summary judgment, after being ordered by the court to have you tested to determine whether you are pregnant and then having the court determine, based upon the court-ordered test, that you are not pregnant. 

A motion for summary judgment is won when there are no disputed material facts, thus making a trial unnecessary. A motion for summary judgment (or whatever process or name it may be known by in your jurisdiction) that establishes you are not pregnant would prove there is no basis for a paternity action in the first place is why and how the court would then rule in your favor without having to prepare for or even go to a trial. 

Utah Family Law, LC | | 801-466-9277  

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