| What action do I need to take?
What is the name of your state (only U.S. law)? NY state
I have a son that will be a year old on Memorial Day, his father is and has been incarcerated on and off since July of 2008. From July until September he was in county jail and the SCU (support collection unit through social services) perused a paternity test, the 1st attempt was unsuccessful because the jail had not received a "body order" for him to be moved, the 2nd attempt he claimed he had no knowledge of (he had been released from jail 3 weeks prior) and the 3rd attempt he blatantly refused to show up for, we had no contact from June on, he had seen his son twice from late May until late June, he has made it clear that he does not want to pay support for our son as he has 2 other daughters that he is paying support on. He has been back in jail since December and is in State prison until August of this year. We had split up when I was 5 months pregnant with our son and I had gotten with the man that is now my fiance, he has said many a time that he would like to adopt Brayden as he is his primary (financial) care taker, he has allowed me to be a stay at home Mom (Brayden has epilepsy and chronic ear infections) and has supported Brayden since day one. I have contacted Brayden's father by phone (while not incarcerated) and also by email and now letter (while incarcerated) and he has said that he will not sign his rights over but is still refusing to sign the paternity acknowledgment or take a DNA test, I have even offered to eat the costs. I am not sure what I can do in this situation? I have told him outright that "he can not have his cake and eat it too" basically meaning that if he wants to have parental rights he needs to accept responsibility for Brayden. I do not believe that we can start the adoption process with out paternity being acknowledged so I am completely unsure of what to do in this situation? We plan to wait until after we are married and such to start the process (we were hoping spring/summer 2010 to file) but I am not sure we even can??? Any help would be appreciated, sorry so long | 
04-30-2009, 02:56 PM
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