paternity test request by the courts

[cc6]

What is the name of your state? Florida

The mother of my child and I have worked out a child custody agreement. It was signed and notorized by me. She was suppose to sign the agreement and send it to the courts to be stamped and filed. She called me today and told me Sarasota Court stated I had to do a paternity test and appear at a court date. Is this true? If so, what type of court date is needed and who pays for the paternity test. I am not denying paternity of my child.

 

[j032878]

What is the name of your state? Florida

The mother of my child and I have worked out a child custody agreement. It was signed and notorized by me. She was suppose to sign the agreement and send it to the courts to be stamped and filed. She called me today and told me Sarasota Court stated I had to do a paternity test and appear at a court date. Is this true? If so, what type of court date is needed and who pays for the paternity test. I am not denying paternity of my child.

First of all you shouldn't be listening to your ex in regards to these issues. Your ex calling you telling you is not how the Courts do things. They do not contact one party and say "you need to contact so and so and tell him this and that.. doesn't work that way. You would be served a petition/motion with said information on it and would be given a certain amount of time to respond. Then a hearing would be set and judge would make a ruling ordering a DNA test to be done if you contested paternity.

Have you recieved any court documents that have been signed by the Judge? If not you need to go to the Court House and request a copy of said documents. You relying upon the word of your ex is not good. If in fact there is an order that you have a DNA test done, you will have to pay for the test out of your pocket if said child is not your child then most likely the mother will have to reimburse you for the cost of the DNA test. Be prepared to shell out the money up front ($400.00 or more).

 

[2Mistakes]

Did you sign an AOP when the child was born?

 

[Ohiogal]

Get a paternity test. I don't care if you are disputing paternity or not but if you weren't married, then get one. Because that way neither of you can try the paternity card later on down the road and seriously mess with this child's life. Consider it insurance for happy parenting for the rest of the child's life.

 

[cc6]

No, I have not recvd anything from the courts. All she said was her "attorney" (which is her sisters paralegal friend) could not send in the paperwork because a paternity test and a court date had to be done first. Can you send in a custody order singed by both parties without going thru the court system? In the beginning, all we wanted to do was agree upon a order and have it stamped and filed with the court.

 

[cc6]

I think at this point she does not want to agree to the original order that we both agreed upon. I think she is trying to find ways to get out of having an order. She has pulled some other crap recently saying that she wanted me to get a life insurance policy with her name as beneficiary (i dont think so!) and that it was Florida Law that I had to get one. She is not happy that I have married (we were never married) and that I have a new baby. I am sure that I will have to file for custody visitation. Thank You for your advice, i knew she was pulling my leg. Not only that, what "attorney" is going to review your custody order and then 2 months later say, "oh yeah by the way you have to get a paternity test and see a judge"!

 

[Ohiogal]

No, I have not recvd anything from the courts. All she said was her "attorney" (which is her sisters paralegal friend) could not send in the paperwork because a paternity test and a court date had to be done first. Can you send in a custody order singed by both parties without going thru the court system? In the beginning, all we wanted to do was agree upon a order and have it stamped and filed with the court.

A paralegal is NOT an attorney and if said paralegal is presenting herself or being presented as an attorney report her ass to the state bar association for practicing law without a license.

 

[majomom1]

I think at this point she does not want to agree to the original order that we both agreed upon. I think she is trying to find ways to get out of having an order. She has pulled some other crap recently saying that she wanted me to get a life insurance policy with her name as beneficiary (i dont think so!) and that it was Florida Law that I had to get one. She is not happy that I have married (we were never married) and that I have a new baby. I am sure that I will have to file for custody visitation. Thank You for your advice, i knew she was pulling my leg. Not only that, what "attorney" is going to review your custody order and then 2 months later say, "oh yeah by the way you have to get a paternity test and see a judge"!

No. She is not pulling your leg and her 'attorney' is apparantly not up on the rules...

All orders go through the court to be signed by the judge, even if you are in agreement. It sounds like this attorney didn't check on everything and is just now realizing that there needs to be a paternity test before they can actually file it with the court.

This would be standard and as OG said, you really want to get this paternity test anyway.

For your own peace of mind, you should hire an attorney to look over the agreement and answer any questions. I would do this before I agreed to anything and the cost should be minimal, if you truly are in agreement.

It is not final until it is signed, by the judge.

 

[Silverplum]

Dude, you might want to know that OhioGal is a family law attorney. She says get the pat-test. Do it.

I'm not an atty, just a sensible woman. So's majomom. We say get the pat-test.

How would you like to form the deepest attachment of your life, pay tons of cashola to help raise the little kiddo, and find out later that you aren't actually the father?

It's not like they're gonna cut off your "unit" to take the test.

Do it and be assured you're doing the sensible thing. The law requires it.

 

[cc6]

The only thing is I hate to put my daughter thru a paternity test when I know she is mine. She looks and acts just like me. But, I think you are right, get the paternity test. I just wasn't sure if it is required by the courts. I currently live in California (family law sucks here) and they do not require a paternity test unless one of the parties asks for one. So I wasnt sure on the law in Florida. I thought she was bulls---ing me again. But if it is something that is required, than I guess I have to do it.

Thank You everyone!!!

 

[las365]

It's not like they're gonna cut off your "unit" to take the test.

Oh, Silverplum, thank you for the biggest laugh.

OP, it's good that you are listening to the folks here who are telling you to get the paternity test done and get your support and visitation orders done properly. It may save you a lot of time, trouble and expense down the road.

How old is the child? She doesn't have to know that paternity is being tested.

 

[cc6]

She is 5 years old. And a smart 5 years old**************Sometimes too smart for her own good!

All I want is to see my daughter and have a relationship with her. I call her everyday, no

matter what, pay child support and all transportation for all visitation. I was trying to work

with her mom and keep all costs down for the both of us.

Hey OG, I just read you rules for posting. They are great!! (notice I put white space in my paragraph!)

 

[LdiJ]

The only thing is I hate to put my daughter thru a paternity test when I know she is mine. She looks and acts just like me. But, I think you are right, get the paternity test. I just wasn't sure if it is required by the courts. I currently live in California (family law sucks here) and they do not require a paternity test unless one of the parties asks for one. So I wasnt sure on the law in Florida. I thought she was bulls---ing me again. But if it is something that is required, than I guess I have to do it.

Thank You everyone!!!

A paternity test doesn't "put your daughter" through anything. Its a swab in her cheek is all.

 

[CourtClerk]

I currently live in California (family law sucks here)

For the record, I take exception to this comment....

 

[cc6]

Sorry court clerk, but I have watched my wife go thru hell and back b/c of the laws in California with her ex. No reflection on you!