If he is not her real dad, but is on birth certificate, will he still have to pay support? I do not want him to have anything to do with her, he is an ongoing addict and is emotionally abusive to me. I want a dna test done but he does not because he will lose her SS check since he is on disability too.
Hi, Lea. If he is on social security the only way he is getting a check for her would be if he is receiving ssdi social security disablity insurance and not ssi and if he is then the portion he is recieving for her is deducted from his check to give to her so if innfact he is not her father the money goes back onto his check so he wont be losing that portion of his income. Hi, Joe.
However, my understanding is that if the court determines there is enough reason to order a paternity test, they will do so. The guy finally took a dna test when she was 9 months old. We married a month later. We got divorced 10 yrs later. He remained with visition and child support. Its now 17 yrs later and that guy I briefly dated is insisting she os his and is petitioning the court for DNA test on her.
We now live in a different state than she was born in and he still lives in. I believe the first test and she knows nothing of what happened back then, her father is her father!!!! I want to protect her from this craziness.
Can a judge order a test this many yrs later when we already did one 17 yrs ago no longer on record, he kept the results? Hi, Sam. She is nearly a legal adult when she can make her own decisions, and her legal father has been supporting her all these years. Can a potential father of almost 30 yr old be forced to take a DNA test? I just want to know if he is the father.
Hi, Kashun. So I suggest you contact a family-law attorney where you live. Even if the child in question is an adult, the court may deem it advisable to order a DNA test due to possible death-benefits for the child. My child father signed the acknowledgment of being the child father and signed the birth certicate.
I took him to child support court and for the second time and the judge ordered us to split the cost? Should I be responsible for the test if he wanted a DNA test, even after he establishing to believing the child is his and signing the birth certicate. I was in an abusive dating relationship and became pregnant. There is another man involved within 2 weeks of sonogram confirmed conception date.
I broke up with abuser. Later he sexually assaulted me and tried to cause an abortion. My question is am I legally able to declare unknown father on birth certificate? If I want no contact and no support or anything from this man, can I refuse to allow my daughter to be DNA tested. He wants rights to her. You do not have to list a father on the birth certificate. You can refuse a DNA test, unless he takes you to court over it.
You may have feces or urine or sweat or mucus. How would the man feel about scraping the inside of his cheek to collect cells containing DNA? That would definitely be the most cost-effective way to go. The number for our parent company, DDC, is He got back with his ex and now he refuses to be involved in my daughters life, he ignores me every time I try reaching out to him for the past two months. Hi, Mike. If you petition the court and they see enough reason to order a test, then they may do so.
Every state has different paternity laws, however, so it would be wise to contact a family-law attorney in your area. My son is 11 my boyfriend signed his birth certificate and has been paying child support for 6 years and co parenting for 11 years.
Hi, Kathy. If your ex petitions the court, they will assess the situation and make the decision whether or not to order a paternity test. Thank you. Hi, George. We are a testing service and cannot give legal advice.
I highly recommend you contact a family-law attorney. A woman had a child and someone was out on the birth certificate. Now after a blood test he was found not the father. They are married. She now told the court that i could be the father and ive been ordered to take a blood test. Hi, Willie. They act is a way they think is in the best interests of the child.
Better to possibly protect yourself and also know for sure! I am having trouble figuring out who the farthers of my baby is. The one think its the farther dont want nothing to do with me or the baby and if i have a dna test done and he is. Dose he have rights to the child and if so, since he dont want nothing to do with the child can the mother fight and have it tooken away. Hi, Hailey.
A court will always act in a way that is in the best interests of the child. My child is over a year old now, I have no father on the birth certificate it is just me on their. The father was in prison and just recently got out. I do not want that man to have any chance of seeing my child because he does horrible things and has been in and out of prison. Can I deny him doing a dna test on my child?
Hi, Tisha. Unless he takes this issue to court, you are under no obligation to do a DNA test or anything else. My husband received a message today from a girl he had relations with. She is claiming that a child born after we were married is his and she is requesting a dna test.
Will florida grant her the petition? Hi, Liz. My mother had baby before me and aborted it in the 9th month and murdered it and then got pregnant again with me who she left in the hospital with my aunt to take care of me until I was 6 years old.
My mother hates me all my life for 61 years now and what can I do to her since I had problem at birth and did not correct it before my 2nd birthday and denying me of having kids and knowing the truth about my real birth father.
Hi, Freddy. Your story is such a sad one! Are you wanting to find out who your father is? If so, rather than trying to hash it out in writing here, you may want to call our parent company, DDC, directly for a confidential consultation.
They will be able to help you determine if testing is possible and what your best options are. That number is I would like to know if my son can file a paternity test on a woman who was married when child was conceived and was having an affair? Her husband is listed on the birth certificate but I strongly believe the baby looks like my son.
Hi, Janie. You should consult with a family-law attorney to be absolutely sure, but in most if not all states, a child is the legal responsibility of the husband if a couple is still married, even if the child is the result of an affair.
If the husband refuses testing, there may not be anything you can do. They were not married Sadly in the end it proved he was not the father of the boy. Now 8 years later he is being summoned again for a second DNA test. He went thru a lot psychologically when finding out the news 8 years ago, we are trying to avoid further damage…does he have to go to court again after so long and after paternity had already been established?
Hi, Ana. Seeing as he already did a court-ordered test eight years ago, that is definitely a question for a family-law attorney. Hi, Mary. When wife got pregnant with my son just got back together after 5 or 6 month break.
We were together 4 and half years. We both agreed it would be best to not do a DNA test and move forward with our lives. At that point we were not married. Before my son was born we did get married. He is my son. But now that me and my wife or getting divorced she wants to use him against me and hurt me. She said and ordered for a DNA test so that she can keep him from me. Can she do that? Hi, John. In your case, you were married at the time your son was born, and so the law considers you to be his, legally.
This works in your favor. Your divorce attorney would be the best resource for you. If a man never signed the birth certificate and never had a DNA test, is it legal for him to be paying child support?
As well as the mother dont want the dna test nor allow him to see the child. We are a DNA lab and not a legal service, so that question is probably best answered by a family-law attorney. My son is 11 and although my ex-husband has always known my son is his has never paid child support. Hi, Heather. Were you married at the time your son was born, or not? That makes a difference. As for a DNA test, you would only be required to do one if he got a court order to do so.
The mom says she is going to take me to court for child support. Can I just show them the results of the DNA test? Also can a refuse another test since one was already done at the lab? Hi, Mark. If you swabbed yourself and the child and submitted the samples, then those results cannot be used in court, even though a results report was issued from a lab. Is it too late for us to ask for a DNA test even though we denied the DNA the first time and signed the paper agreeing that he is the biological father?
I need help on this because I really want to ask for a DNA now. Hi, Angelica. Im claiming to be the biological father of a 6 year old little girl. And I want to be apart of her life. What kind of Information or proof are the courts looking for when I file to ask for paternity test. Hi, Brandon. Your best bet is to contact a family-law attorney in your area.
Hi, Mandy. My ex bf and saying that she is his and says he is going to bring me to court to get a paternity test done. Will I have to go? Hi, Tania. Right now, your ex-boyfriend is only making a threat. If and when he actually files a motion in court, you should retain the services of a local family-law attorney, law service, or social worker.
Hi, Dave. Generally speaking, a case must be made to the court as to why a paternity test should be ordered, and then the court makes the decision. They always act in the way they determine is in the best interests of the child. Hi, Andre. We have been advised by home affairs to do a paternity test with my current husband who is a biological father of my son in order to use his surname and it came back At first my ex agreed to do a paternity test but now on the eleventh hour he is refusing.
What shall I do to make him do it? My son just had a baby with this girl and the baby is gonna be 3 months old she never put my son on the birth certificate does he have the right to refuse a DNA because I believe she wants to get him for child support.. Hi, Angie. If a court orders a paternity test and he refuses to comply, chances are good that the court will name him as the legal father because he refused to test.
Hi, Lutho. Whether or not you need to do a DNA test is entirely up to the courts. Hi, Leaah. Those are questions for a family-law attorney or other legal service in your area. I live in Illinois and an ex that live in Missouri has served me with papers for paternity. Problem is he knows and always has known us is not the bio father. My child is 3 now.
My son has only lived with him for the first 7 months then I had to file a restraining order from him because of violence in the home. I have proof of his knowledge of him not being the father. I also have evidence of abuse in his home aswell.
Can I present this evidence to deny him paternity. Hi, Jennifer. Those are questions that are best answered by a family-law attorney or other legal service specializing in family law and domestic disputes.
Ok i have custody of my daughter my wife adopted her well my ex just had the state take her other 3 kids away. One of the three children has my last name but child is not mine children service sent me a letter about a hearing of said child they are alleging me as the father will they try to come after me or not im not worried i just like to know whats gonna happen. First of all, you should retain a family-law attorney who specializes in paternity law. If the court orders a paternity test, by all means take it.
The courts tend to rule in favor of the welfare of the child. Could I refuse that? If he takes you to court, you should definitely not refuse a paternity test. Until then, you are under no obligation to do so. Hi, Chris. This question is best answered by a family-law attorney in your area who is expert at paternity law and understands how these types of cases are usually handled in your particular state.
One will need to file a civil lawsuit following which the court will review the case to determine if there are grounds for the test to be ordered. If the test is ordered, then the mother, alleged father and child in question will need to submit themselves to the legal paternity test and provide the necessary samples through an approved and accredited DNA testing facility.
What if the father still refuses to adhere to the court request?. In such cases, he may be found to be in contempt of court and fined or even worse criminal charges filed against him. The court may use the refusal against the man and enter a judgement against him irrespective.
If the mother refuses, the same metric can be used and for example, the court may decide that paternity has not been established and the mother will lose any entitlement to paternity support. Different states have different laws, so it is always important to consult a lawyer on such matters. Home DNA tests may be more accessible and affordable, but the results may not be legally acknowledged in court because they can be easily tampered with since there is no chain of custody procedure involved to confirm the identity of the participating parties.
Once the court imposes a DNA test, what you should do is schedule an appointment with an accredited laboratory in your area or an approved sampler. The sample collection will need to be collected by an authorized third party to ensure that the true identity of the donors are independently verified. During the sampling process, identification documents will be required and at no point are the participants to have access to the testing kit.
Laws vary by state, but in most states if you have signed an establishment of paternity and are paying child support or otherwise supporting a child that you believe is not your biological child, you can take certain steps.
In most states, you must file what is called a "Disestablishment of paternity" or "termination of child support obligation" in the circuit court that has jurisdiction over your child support ruling.
You can find out your state-specific rights by contacting an attorney familiar with your jurisdiction. Find out your rights if you believe you are the father of the child. While mothers receive default custody under the law, fathers' rights are also important in the eyes of the law. Knowing your rights will help you determine the proper course of action.
In most states, you have the right to file a paternity case if you are not listed on the birth certificate or acknowledgement of paternity a form that is usually completed by parents in the hospital at the time of birth. In some states such as Texas, if another man is listed as the child's father on the birth certificate, you can only file a paternity case if it has been 4 years or less since the birth; be sure to check your local laws. Hire an attorney. Whether you are wanting to establish or disestablish your paternity of a child, the nuances of paperwork, court filings, and court appearances can be complicated.
It helps to have a professional on your side who knows the local laws and procedures and can guide you through the process. Explain to your attorney that you have tried to dis- establish paternity with the mother of the child you believe to be yours.
Let your attorney know that you want to know for sure whether you are the child's father so that you can establish visitation, a relationship, and begin paying for his or her monthly support, or because you feel you are being made legally responsible for a child who is not yours under false pretenses.
Ask your attorney about applicable paternity law in your state. State statutes and ordinances vary. The attorney will be well versed in these procedures. Request the appropriate legal forms so you can file your paternity lawsuit. Since these can vary by state, it is important that you talk to your attorney. File your forms. This is usually done at your county's courthouse, where you might be required to pay a filing fee.
Your attorney can file your forms for you. Serve the mother your court documents. This is the legally required method of informing her that you have filed a paternity lawsuit. Among other things, this has the effect of preventing the mother from pursuing an adoption of the child by her current partner without your consent.
After serving her papers, file your proof of service with the court clerk at the county courthouse. They will typically have 30 days to respond to the paternity suit. Understand that, just because you file a petition for a paternity test, the court is not obligated to order the test.
The judge has to determine if sufficient evidence exists, based on the petition, to order the child's mother to undergo the testing and take the child for testing. In some states such as Florida , when you file a Disestablishment of Paternity you can also submit tests from an independent lab that shows you are not the father, [2] X Research source but this may be hard to obtain if the mother is uncooperative, and may require a court order to obtain.
Appear in court on the date and time appointed for the paternity lawsuit hearing. Typically, you will only have to appear if the other parent chooses to contest your suit that is, if you claim to be the father and she chooses to argue in court that you are not. Otherwise, the suit is considered "uncontested" and is automatically decided in your favor.
Answer your attorney's questions and those of the mother's attorney. Be truthful, courteous and calm. Make your request for a paternity test through your attorney. The judge will listen to you and order a paternity test if you present compelling evidence in a professional manner. In general, the requesting party is responsible for any fees associated with these tests.
Request that the child's mother be held in contempt of court if she disregards the judge's court order. Request an amendment to existing custody, visitation, and child support rulings. This is done if the findings of the court differ from the findings already in place e. If the court finds that the child is yours and there is no existing order, ask your attorney to file for custody, visitation, and child support.
Keep in mind that in many states you can be held responsible for back child support up to 18 years depending on the age of the child. If the court finds that the child is not yours, request that your attorney file to terminate parental obligation. Unfortunately, in most states, you are not entitled to a reimbursement of support you have paid to this point. Generally speaking, a mother cannot refuse a paternity test, as there is no good reason for her to do so.
That said, if ordered by the courts, it is not wise for any alleged father to refuse a test, either. If an alleged father refuses to take a paternity test, he can be held in contempt of court, which is a crime that carries hefty fines and possible jail time.
Paying the fine and serving the time does not mean that the whole ordeal is over with for the father either. The family law judge may still enter a judgement against the man and order him to pay child support. The married man remains the presumed father even if there is clear and convincing evidence that the wife was having an affair at the time of conception.
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