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  #1  
Old 11-05-2009, 05:24 PM
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Not sure if this is the right thread-PofAFFidavit


What is the name of your state (only U.S. law)?California

If the father refuses to sign the Patternity of Affidavit can I pursue with a DNA test?

He has the PoA document with him but after talking with him I have no idea if he is going to complete it. At one point he said he would and then changed his mind 5min later.

How would I pursue a DNA Test? Is this done by lawyer only? And can he refuse the test?
I was told this is something one can't refuse.

He was not put on the B-Cert because he was not
present at the hospital. Father is in Illinois.

Thank you for your time.
  #2  
Old 11-05-2009, 05:28 PM
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Quote:
Originally Posted by sandimel View Post
What is the name of your state (only U.S. law)?California

If the father refuses to sign the Patternity of Affidavit can I pursue with a DNA test?

He has the PoA document with him but after talking with him I have no idea if he is going to complete it. At one point he said he would and then changed his mind 5min later.

How would I pursue a DNA Test? Is this done by lawyer only? And can he refuse the test?
I was told this is something one can't refuse.

He was not put on the B-Cert because he was not
present at the hospital. Father is in Illinois.

Thank you for your time.
You're absolutely able to file to establish paternity with the court and this isn't hard to do - if he refuses to answer and/or take the test he can be legally established as Dad regardless.

You're not married to Dad, correct?

ETA: have a look here: [url]http://www.courtinfo.ca.gov/selfhelp/family/parentage/[/url]
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  #3  
Old 11-05-2009, 05:31 PM
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OP...you've asked about this a couple of times now...didn't you start this process back in August?
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When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all.
— Austin Grossman

Quote:
Salagadoola mechicka boola bibbidi-bobbidi-boo
  #4  
Old 11-05-2009, 05:58 PM
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PofAffidavit


No, We are not married.

I didn't start this in August because I thought
he and i could work it out amicably.

Thank you again.
  #5  
Old 11-05-2009, 06:11 PM
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Quote:
Originally Posted by sandimel View Post
No, We are not married.

I didn't start this in August because I thought
he and i could work it out amicably.

Thank you again.
Good luck - California has some pretty good self-help tools available; make sure you bookmark that one

One other thing - you really need to have all of these parentage, custody and child support made official by the courts. Trust me - it can save you a whole lot of trouble in the future. Get it all legalized, even if you and the ex are friendly.
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When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all.
— Austin Grossman

Quote:
Salagadoola mechicka boola bibbidi-bobbidi-boo
  #6  
Old 11-05-2009, 06:46 PM
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I don't blame him for not signing. Based on the myriad of "Gee, I THOUGHT he was the dad. but now . . ." type posts, and the "I was told IU was dad, but now find out another guy is dad . . ." type posts, any guy would be insane to sign a paternity affidavit without DNA proof! If it were MY so, I'd STRONGLY advise him to have DNA testing first. Even if it were my daughter, I'd tell HER not to allow anyone to sign unless there is absolutely ZERO, ZERO doubt!
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Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
  #7  
Old 11-05-2009, 07:08 PM
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PofAffidavit


I figured he's sign it easily since he does claim
to me on the phone he is he dad. he is the father
and he knows it.

he just doesnt want to be on the bcert
bc his parents don't know about the baby

he claims he isnt going to tell them about his
daughter. go figure.

he is in total denial and wishes this was all just a
dream.

thank you again.
i will do this via the courts. better
safe than sorry.
  #8  
Old 11-05-2009, 07:24 PM
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Quote:
Originally Posted by sandimel View Post
I figured he's sign it easily since he does claim
to me on the phone he is he dad. he is the father
and he knows it.

he just doesnt want to be on the bcert
bc his parents don't know about the baby

he claims he isnt going to tell them about his
daughter. go figure.

he is in total denial and wishes this was all just a
dream.

thank you again.
i will do this via the courts. better
safe than sorry.

Yes, please do this through the courts. Frankly "he knows he's the father" isn't good enough (and it wouldn't be for me, either).
__________________
*****************************


When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all.
— Austin Grossman

Quote:
Salagadoola mechicka boola bibbidi-bobbidi-boo
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