Should there be mandatory paternity tests at birth to prevent men from denying paternity and to prevent women from intentionally naming the wrong men as the fathers of their children/lying about the paternities of their children?
When I was in high-school, I was dating a man who cheated on me. The woman he cheated on me with got pregnant. We all knew it wasn't his baby because the timeline didn't add up. He's confessed what he did and begged me to give him another chance, but a few weeks later she crawled to him crying about how she was pregnant with his child.He didn't know what to do. He wanted to do right by his child, but didn't want to hurt me. I didn't want to be the person who kept a father from having a family with his children so I backed off, but I had a long conversation with him about how this just didn't add up.We stayed friend—not friends who hang out and talk everyday but we were friends on Facebook—and through the years I watched this proud father live his entire life for his daughter. Thousands of pictures were displayed proudly on Facebook, and he was beaming in every single one.She cheated on him throughout the entire relationship but he dealt with it because he didn't want to tear his family apart and hurt his daughter.Guess what …She ended up reconnecting with the actual father of the baby. She and the real father got a test done behind his back and when they got the results they tore his daughter away from him and he never saw her again.Can you fucking imagine?All of that could have been prevented by a DNA test being done the moment the baby was born, and then both parties could have decided what to do. Even though he had raised this little girl as his own, he had zero rights to her after the mother left him because he was not biologically her father. Had he known this, he could have insisted on adopting her early on and prevented that from ever happening.There are situations when this could be necessary. He had no reason to believe that kid was not his. He believed whole-heartedly that she was so he never thought about getting a test.I think woman who have nothing to hide wouldn't mind doing this anyway, and those who do should have to face the music of their choices. Fathers should have the right to arm themselves with information so situations like the one above stop happening, because they happen a lot. Women have the security of knowing for sure without a doubt that child is ours but men don't. This would give them that security that we already have.I honestly cannot think of an argument against it besides it being cost effective …
What rights as mother do I have to obtain full custody of my child?
First of all, if the father never signed the birth certificate then there is no proof that he is the father, therefore he don't have any rights until he takes a paternity test. So you can with hold visitations from him legally but I would go through and take him to get a paternity test and the whole child support thing. You can request a drug test be done on him and his family if there's drug usage. And all visits until he cleaned up can be requested supervised. But after, it's up to the judge. If he sees it fit that supervision is still needed then it will be so but if he doesn't think that supervision is necessary then it would be really hard to make it that way. The best way is to prove the father an unfit parent. That way you would have full custody.
How can paternity be established when the mother is not cooperating?
You can try calling the clerk of court for the local family court or civil court in your county and ask if the have forms for paternity determinations. Many courts will have forms due to paternity being so commonplace. You will need to file. Have the summons served. Have a hearing. Have the test done. Have another hearing and Declaration of Paternity. Have a custody, visitation and child support hearing. Some of those steps may be combined or even skipped depending on your local laws. If you can get the sheriff's department to serve papers that is best and usually cheapest; just make sure you follow up and confirm that they served the papers. Be careful of the putative father registries, they are really designed to help adoptive parents but they might be of use if you can find a way to use them safely. When doing a DNA test make sure that the 'chain of custody' is followed properly at the lab where the samples are taken.
If child support is filed for, will custody automatically be dealt with or is it separate?
Unlike the other responders, I am licensed in Texas. While child support, custody (also known as conservatorship), and visitation are indeed separate issues, they are generally all dealt with in the same court proceedings, at which time an order called a SAPCR (Suit Affecting the Parent Child Relationship) is issued. Child support will not be ordered without some sort of custody arrangement being put into place.In addition, if the parents are not married the first order of business is an official finding of paternity, either by agreement, by offering evidence (for instance the man listing himself as the father on an official document such as a birth certificate), or by having paternity testing done.You can request that a child support case be filed by contacting the child support unit of the Attorney General's office. However, you should know that they only advocate for the child support issue. If custody or visitation are contested, even in a lawsuit initiated by the Attorney General and heard in their court (most larger counties have separate days, times, or even courtrooms and judges to hear IV-D cases), they cannot and will not represent you on those issues. You will either have to represent yourself or hire an attorney.THIS COMMUNICATION CREATES NO ATTORNEY CLIENT PRIVILEGE OR RELATIONSHIP BUT IS FOR GENERAL INFORMATION PURPOSES ONLY!!!!!!!!
Court ordered DNA test, who pays for it?
My sons father, who is immature apparently, has denied that he is the dad since the day I found out I was pregnant. He hasn't been there AT ALL and broke up with me also the day I found out I was pregnant! And not only that, he's spread numerous rumors that theres 5 other guys who could be the dad, and that I am only "claiming" that my son is his to get child support. Which is funny because he quit his job and lives with his parents! I later found out when I was 17 weeks pregnant that I am the FOURTH person that he's done this to. He just doesnt want to take responsibilty and grow up. Can i get a court ordered DNA test and make him pay for it when the results come back positive? He tells me that "if" he is the dad that he is going to go for full custody, which in all honesty, I dont want NOTHING from him. I dont want child support, and I dont want him to be apart of my sons life. My now husband has been there from day one and as far as im concerned my husband is and will always be my sons DADDY! I just want the rumors to stop and for him to stop harrassing me!
How can I go after a non-custodial parent that has been avoiding paying child support? There is no court order in place because he left when I was pregnant and has been working for cash. No agencies will assist me, they keep passing the job on.
If you live in the US you can go to family court and file a petition for child support. Also if you get medicade, section 8 housing, cash assistance they all ask about child support, if you don’t receive support they will ask if you feel safe providing them with the fathers name, address and/or social security number. The idea behind this is to get dead beat non-custodial parents to comply with child support laws, this saves the government a ton of money.I’ve never had anyone at the family court support unit ever give me a hard time about filing or helping me file a petition for support, I’ve been through this more times than I’d like and am likely to be filing a petition again within then next 10 days if he is still non compliant on our existing order.You can also go online and get you State and county child support units 800 number, they are will help guide you through the process or tell you how to proceed.Lastly if you know he is working under the table, cash only, try and get proof of that such as where and who he’s working for, photos help, and you can request the court confirm what he has in his bank account. This is sometimes requested by the court as well as a financial affidavit. If what he says he makes is much less than what he’s paying out, that’s a red flag.In all but 1 experience the courts were very helpful in my situations. I did have 1 magistrate who was a total dick, it happens on occasion but I’d say 1 time in a 20 year span is pretty decent. Hopefully he won’t be when I file again.You need to push for support, that child is both of yours and your both obligated to contribute financial support for the child.
Is it true that fathers can lose custody of their children by failing paternity tests?
From what I recall from when I studied family law years ago, in most states the husband of the mother is presumed to be the father of the child if they were married at the time the child was born. This presumption is rebuttable by DNA test, but in at least some states even if evidence of actual biological paternity is produced, the husband's paternity will not be terminated while the marriage remains intact unless he explicitly wishes it terminated, and indeed in some states cannot be terminated even if he does wish it while the marriage remains intact (thus, the only way he can disavow the child is by divorcing his wife). If the husband acknowledges the child as his own despite proof of not being the biological parent, the actual biological father may well be barred from claiming legal paternity. This is becoming increasingly important now that we have marriage equality; in a same-sex marriage involving two women, the mother's wife is legally one of the child's two parents, her female sex and incapability of being the biological parent notwithstanding.A DNA test performed for reasons other than to establish paternity in the context of a legal action in which paternity is at issue would not automatically terminate paternity (but obviously could be introduced at a later time in such an action).These rules have changed a lot over the years (the presumption of paternity used to much harder to rebut, and is still one of the strongest presumptions in law), and the manner in which they have changed has varied by jurisdiction, so check with an attorney licensed in the state having jurisdiction over the child to obtain an answer useful for any purpose.
My son's mom left me off his birth certificate?
The mother cannot be charged with anything for not giving a fathers name on a birth certificate. However, depending on the state you live in, she may not be able to put your name on the certificate yet, that is if you two are not married. From your question, it sounds like you are not. Here, in PA, when a child is born to unmarried parents they have to fill out an AOP (Acknowledgment of Paternity) form. A fathers name cannot be put on a birth certificate without established paternity through either an AOP or determined through a court or administration agency. A father can sign a AOP without the mother, but it does not establish paternity rights, but you will be notified if there are any cases filed to relinquish the fathers' custody rights. You would need to go through the courts to establish any custody rights. But, a mother can not fill out an AOP without the fathers signature. Before getting angry at your child's mother, check the paternity laws in the state you live in. It may have not been her fault. If this does not apply to you, I would speak to a lawyer about how to go forth in establish paternity and custody rights. Then you will be allowed visitation with your son. Good Luck!
Can my babys dad get custody?
STOP HIM IN HIS TRACKS Go to your local child support enforcement agency Tell them that you want to file to collect support. They will give you the paperwork, and sent him notice to come take a dna test. Once he is proved to be the father, they will make him pay support. If he wants visitation he will have to go to court and file for visitation. He can file for custody, but he will not get it unless he can prove that you are an unfit mother. Do not let him take the child if a visitation order has not been established. He can see the child at your house until he is granted visitation from the court. You can leave and let your mother stay there with he and the child if he can not be an adult about the situation. If you allow him to take the child, you will have to call the police in order to get the child back. At this point, he can not keep the child if paternity has not been verified, so if he tries to keep the child explain that to the police. Make sure that you work and properly care for the child and he will not be able to get custody. Do not fight, do not say anything he can tape record, or write anything that he can print. Once he has visitation, abide by the court's orders. Best wishes