Woman's Ex-Husband Insists He's The Dad But She Says It's Other Guy (Full Episode) | Paternity Court

Please be seated. Hello, Your Honor. Hello.

This is the case of Livingston v. Livingston, Doerschlag. Thank you Jerome.

Good day everyone. AUDIENCE: Good day. JUDGE LAKE: Ms.

Livingston, you've petitioned this court for a DNA test on your 21-month-old daughter Jordyn to prove to your now ex-husband Mr Livingston that he is not Jordyn's biological father. Is that correct? Yes, Your Honor.

Mr Livingston, you claim that the only reason your ex-wife is denying you are the father is because she desperately wants to have a relationship with her ex-boyfriend Mr Doerschlag. The man your ex-wife claims to be Jordyn's biological father. Yes, Your Honor.

Now, you're here today to prove that you are indeed Jordyn's father. Yes, Your Honor. So, Mr Doerschlag is waiting in the hallway and we will hear from him shortly.

So, Ms. Livingston, why are you so adamant that Mr Livingston is not your daughter's biological father? Around the time of conception I had sex with another man.

JUDGE LAKE: You did? Yes, Your Honor. But did you also have sex with Mr Livingston?

Yes, Your Honor. So, why is it you believe that the other man is your child's father and not Mr Livingston? My daughter, when she was born she looked a lot like Mr Livingston.

She had dark hair, and, you know, she had some of his facial features. But as she got older she got blonde hair. Neither Mr Livingston nor I have blonde hair, but Mr Doerschlag does.

She started to look a lot like Mr Doerschlag. JUDGE LAKE: And so Mr Livingston, you say today that this is your biological child? MICHAEL: Yes, Your Honor.

Why are you so sure? Because I was there through all of it. I was there through the doctor's appointments.

I was there through the birth. Everything about that kid looks like me. JUDGE LAKE: So take me back.

When you found out you were pregnant, who did you tell, Ms. Livingston? Um, I told Mr Livingston.

Because we were seeing each other, we had just gotten engaged right before I found out I was pregnant. Like, two weeks before I found out I was pregnant we had gotten engaged. He proposed to me with my class graduation ring.

And, then I had a dream that I was pregnant. And I told my mom, "I think I'm pregnant. " She's like, "J, you're probably not pregnant.

"Stress can cause, you know, symptoms. " JUDGE LAKE: And so ultimately you did find out you were pregnant? The next day I found out I was expecting.

I went to the health department. That morning I was like, "I wanna go to the health department. "I wanna find out for sure.

" And we find out we were four-and-a-half weeks pregnant. I looked at the pregnancy test when she told me it was positive, and I was like, "I knew it. " And so, was it a happy moment?

JUDITH: It was. I was excited. I've always wanted to be a mother.

And I was excited to be a mom. And then, in that moment did you also think about the other potential father? No.

'Cause at the time I wasn't thinking that there was a possibility that he could be the father, because it was one time. JUDGE LAKE: And so, Mr Livingston, are you on the baby's birth certificate? MICHAEL: Yes, Your Honor.

You are? I'd been told I was the baby's father from the very first day that we found out she was pregnant. And you were with her throughout the pregnancy?

Yes, Your Honor. You went to the doctor's appointment? Yes, Your Honor.

And you were there when the baby was born? Yes, Your Honor. I was out in the lobby room because I can't deal with blood.

So, I. . .

(AUDIENCE LAUGHING) I had a C-section. I let her mother go in the delivery room while she was doing the C-section. JUDGE LAKE: But you were there waiting?

Yes, Your Honor. Okay. And at this point, you didn't really have any doubt in your mind.

Is that correct? MICHAEL: No, Your Honor. So, when did the doubt begin to set in?

And when were you informed about. . .

When she. . .

He knew before that there's a possibility because I was messaging Mr Doerschlag on Facebook and he told me that he thought that he was the father. But even if he wasn't, that I should leave Mr Livingston and be with him. Let him be my baby daddy.

And Mr Livingston saw those messages on Facebook. Yes. And that was while I was six months pregnant.

MICHAEL: Only after I had to go through her phone. Through her Facebook app to find out that she was planning on leaving me for him. JUDGE LAKE: So you had no idea?

No, Your Honor. You thinking you're in a marriage that's going well and you have a new baby? MICHAEL: Yes, Your Honor.

Hmm. We hadn't had the baby yet, Your Honor. And no, I did not say I was going to leave Mr Doerschlag.

I said, "I'm married, Jayson. " I married him. He is my child's father.

That is what was said in the messages. I never once, at that time, told him that I was going to move to Tennessee with him. MICHAEL: There's several times throughout this whole time that she was planning on creating a relationship with him.

They were talking about wanting to form a relationship. JUDGE LAKE: So, are you saying, Mr Livingston, that at first when you guys were engaged, she was okay with you being the biological father? But then she decided she wanted to be with Mr Doerschlag, and then all of a sudden.

. . Yes, Your Honor.

She decided you were not the biological father. Yes, Your Honor. So, you don't think this is about the DNA, but this is about who she wants to be with?

Yes, Your Honor. When, after I got the divorce papers, she started telling me that there could be a possible oppourtunity that Jordyn is not mine. When you got the divorce papers?

Yes, Your Honor. I have the copy of the divorce papers right here. Let me see that.

So wait a minute. You all are married. The baby's born, and then you get a divorce right after?

JUDITH: No. No, Your Honor. That is not how it went.

Me and my sister, who is sitting right here, we were sitting on my couch. We were watching a movie at my mom and dad's house. And I hear a knock on the door.

Well, it's a cop. He's coming and bringing me the divorce papers. And then when he leaves shortly after that, I get a phone call from my ex-wife over here who tells me that there is a possibility that Jordyn is not mine.

So, you called him and said that, Ms. Livingston? Your Honor, I told him yes, there was a possibility that Jordyn was not his.

Also, Your Honor, the reason I filed for the divorce is not so that I could be with Mr Doerschlag. It's because I got a screen shot of a text message from my family members saying that he had asked for nude photos. JUDGE LAKE: From a family member?

Yeah, from my family member. Oh. One that I am really close to.

I had previously asked. . .

JUDGE LAKE: Is that true, Mr Livingston? Yes, Your Honor. It is.

(AUDIENCE EXCLAIMS) I didn't start messaging Mr Doerschlag about us getting back together or anything until after I filed for divorce. MICHAEL: That is not true. These messages have happened while she was pregnant with Jordyn before she gave birth to Jordyn.

JUDGE LAKE: So you're saying that they were already in contact? Yes, Your Honor. Sending pictures and texts back and forth.

Yes, Your Honor. Since the time we broke up till now, we have never been out of contact. We have been talking to each other this entire time.

Yes, we still have feelings for each other. And we have had feelings for each other since day one. That's not gonna change, and I told Mr Livingston that in the beginning.

I said, "There is one person in my life "that will always be in my heart and that is Jayson Doerschlag. "And there is nothing you can do to change it. " There you go, Your Honor.

She just proved her point. And so, you think this is all about her trying to get back with Mr Doerschlag? MICHAEL Yes, Your Honor.

You don't have any doubt that this child is your biological child? MICHAEL: No, Your Honor. JUDGE LAKE: Sir, you've brought a witness.

I'd like to hear from her. Please stand, ma'am. And state your name.

Alicia Arbogast. Ms. Arbogast, you are Mr Livingston's.

. . Little sister.

Little sister. And so you are here to testify as to what exactly? For Michael to be Jordyn's father.

You believe he is, in fact, Jordyn's biological father? Yes, Your Honor. Please explain to the court why.

Because if you look at that little girl's eyes and you look at my brother's eyes they have the exact same shape. They have the same face. Michael has been there since she was a baby.

Michael's been there through the pregnancy. JUDGE LAKE: And so you've always believed this was your niece? ARBOGAST: Yes.

Forever. We drove four hours from Fort Scott, Kansas all the way to Great Bend, Kansas for the birth of Jordyn Livingston. We were all there for support of the birth of Jordyn.

And I honestly did think Jordyn was Michael's at the time. But as she's gotten older and her hair is lightened, she does have some features of Jayson. ARBOGAST: Your Honor, every child is born with every DNA color in their body.

Their hair can be any color it once no matter the parents. She looks just like Michael. JUDGE LAKE: Why do you think that Ms.

Livingston is saying, unequivocally, "Mr Livingston is not my child's father? " ARBOGAST: I think because she adamantly wants a relationship with Mr Doerschlag. And she wants nothing to do with my brother.

And she doesn't want him to be around. Jerome, I think it's time we hear from Mr Doerschlag. Will you escort him in, please?

Okay. Sure. Hello, sir.

Thank you for joining us today. DOERSCHLAG: Hi. You understand that we are here discussing the paternity as it relates to baby Jordyn.

Yes, ma'am. Do you believe you are this child's biological father? Your Honor, in a way I do believe it because of the eye color and the hair color of the kid.

I have sat down and looked at my previous baby pictures and baby pictures of Jordyn, and I have came to the conclusion that because of the hair color and the eye color we do look similar. That's exactly how I feel. JUDITH: I want Mr Doerschlag to be the father.

I do, but. . .

JUDGE LAKE: But wanting and then. . .

But I am not exactly. . .

Coming to Paternity Court to prove that he is the biological father, that's two different things. I came to Paternity Court to find out who my daughter's biological father is 'cause she has a right to know just like everybody else has a right to know. I don't want Michael raising my daughter if she is not his.

If she is Jayson's, he has a right to be her father. That is why I am here. So, what you're saying, ultimately, is you just hope he's the father.

Yes. That is exactly how I feel. You don't believe beyond a doubt that he is.

MICHAEL: Excuse me, Your Honor. No, there is doubt. JUDGE LAKE: Okay.

If that's the case, where has he been this whole entire time that she was pregnant and through the birth. JUDGE LAKE: She said they've never lost contact. Mr Doerschlag, have you.

. . Then why has he not been there?

. . .

been in baby Jordyn's life? I have not, Your Honor. I mean, I have talked to Judith about the whole situation.

I've seen pictures of her. I've not actually seen her physically in person. JUDGE LAKE: You have not?

JUDITH: No, he was living in Tennessee. He left soon after the conception time. He went back to Tennessee with his family.

He found out I was pregnant when I was further along. Like, when I posted on Facebook, he found out. We didn't talk about him being the father until it was summer and he was like, "Well, is there a chance I'm the baby's dad?

" "You could always move out here and be with me "and let me be your baby daddy. " So, Ms. Livingston, are you saying that he's not the biological father because you truly think.

. . I don't know.

. . .

Mr Doerschlag is. I think that Mr Doerschlag is my daughter's father because of how she looks now. She looks like him.

MICHAEL: Your Honor. Pictures of him as a baby, she looks just like him. JUDGE LAKE: And you submitted those photos to the court?

So on the left, this is a picture of Jordyn? JUDITH: Yes. And on the right, it's a picture of Mr Doerschlag as a child?

Yes. MICHAEL: Your Honor. And you say there's a similarity?

JUDITH: Yes. MICHAEL: If you go to the picture right before that one. Well, the picture's not a very good one.

But if you look at her now and him now, you still see the resemblance. MICHAEL: I don't believe it, Your Honor. That girl looks exactly like me when I was younger.

That one right there. She looks exactly identical to my picture. And you believe when you see that picture she looks like you?

Yes, Your Honor. She has the exact hair that I had when I was born. Who has been there?

She's 21 months old. She's almost two years old. Who's been there?

JUDITH: I have. MICHAEL: I have been there, too, Your Honor. JUDGE LAKE: So has he contributed, Ms.

Livingston? Not since she was seven months old. He came home in June.

Is when he finally came home. Michael was there and I was putting together a crib, he was making me upset. I was having to do it all by myself because he was in the living room playing video games with his friend.

I was putting the crib together, so, yes, I went to Jayson for comfort. Because Mr Doerschlag has been my friend ever since we broke up. That's not true, I put the crib together and then me and my friend went and we played video games.

But, before that I was also working and paying for stuff that Jordyn needed. And while I was doing that, I gave her money to go pay the gas bill and she used it on buying Fifty Shades Of Grey novels. I never.

. . MICHAEL: Instead of paying the gas bill.

That never happened. JUDITH: That never happened, Your Honor. He didn't get a.

. . Did you pay the gas bill with the money, Ms.

Livingston? JUDITH: Yes, I did. The gas bill was paid.

. . No, Your Honor, she didn't.

Because she came home and said that "I just got the new Fifty Shades Of Grey books. " JUDITH: No, they weren't new. What does that have to do with paternity?

JUDITH: It doesn't. He didn't get a job at McDonald's until September. This was in summer.

He didn't get a job until September. And he only had that job until two weeks after our daughter was born. Then, he lost it.

And Mr Doerschlag, if you are Jordyn's biological father, are you going to step up? You say you haven't even met her and she's almost two years old. Yes, Your Honor, I'm gonna step up for the simple fact that growing up, my dad and mom had split up and I wouldn't want that for my children.

I plan on being there for my kid like, I've even sat down with my current girlfriend, now, and talked about the situation of if Jordyn comes out to be mine about moving to Colorado to be closer with her that way there's not such a distance for. . .

You say, "current girlfriend? " Yes, ma'am. ARBOGAST: And that means you're still talking to Ms.

Livingston, right? All right, I think the only way to move forward is to just get the results. Jerome, I'm ready for the.

. . (CROWD APPLAUDING) Envelope, please.

There you go. You're welcome. Thank you.

These results were prepared by DNA Diagnostics and they read as follows. if she is not his. In the case of Livingston v.

Livingston, Doerschlag, pertaining to 21-month-old Jordyn Livingston, and whether Mr Livingston or Mr Doerschlag is the biological father, it has been determined by this court, her biological father is. . .

Mr Livingston. ARBOGAST: Yes! JUDITH: Like I said, I didn't know for sure.

I just wanted to know for sure. And I told Mr Doerschlag I didn't know for sure. I said that sometimes I see similarities but, more I see similarities to him and that's why I'm confused.

I don't know where she got her blonde hair from. MICHAEL: I told everybody that daughter will always be mine. Even if she wasn't proven to be mine.

I would still step up and take care of her. Like I just said, ARBOGAST: Any kid can have any color of hair. Any color of hair, it's in your DNA.

JUDGE LAKE: Are you two divorced or still married? BOTH: We are divorced. As of May 26th of 2015.

JUDGE LAKE: Okay. We were finalized. JUDGE LAKE: Okay, well, listen.

We both want it. So, now, you understand you have two children together. MICHAEL: Yes, Your Honor.

You have to co-parent. Mmm-hmm. JUDGE LAKE: And you wanna be as involved as you possibly can.

Yes, Your Honor. Ultimately you all are going to have to communicate. You are going to have to work together.

So, communication, co-operation, and commitment. Meaning, sometimes it will not be easy. But you have to say to yourselves, to make sure these children have the life they want and the relationship with both parents that I think you both want them to have.

You're gonna have to work together. My family has stated through all of this that even if Jordyn is not mine, she will still always be a part of our family. They have.

Well, she is yours. She is yours. And we've determined that today.

So now, let's move forward in a positive way putting the children first and the past behind us, all right? We have different goals. Thank you.

We have, uh, counselling and resources available to you both. If you just need help trying to figure out how to sort through this and begin again, I wish you the very best of luck. Court is adjourned.