Paternity Question

[anapr]

What is the name of your state? GA--Child and Mother live in NY.

Recent information given to my boyfriend by his ex suggest the need for a paternity test...the issue of taking a test has come up in the past, to which she has always replied. "any time you want one, you can have one" and "get a test and we will take it."

Oddly enough, he did take the time to obtain a test several months back, and she has refused to use it. Now that they are in court settling other legal issues, his lawyer would like to make an official petition for a paternity test.

What confuses me is that she is also refusing to acknowledge his lawyer's informal (not yet submitted) request for a paternity test and has made it quite clear that she will fight this. is this a common thing in family court, or does her behavior suggest that she is really hiding something?

Thank you for your help!

 

[Silverplum]

What is the name of your state? GA--Child and Mother live in NY.

Recent information given to my boyfriend by his ex suggest the need for a paternity test...the issue of taking a test has come up in the past, to which she has always replied. "any time you want one, you can have one" and "get a test and we will take it."

Oddly enough, he did take the time to obtain a test several months back, and she has refused to use it. Now that they are in court settling other legal issues, his lawyer would like to make an official petition for a paternity test.

What confuses me is that she is also refusing to acknowledge his lawyer's informal (not yet submitted) request for a paternity test and has made it quite clear that she will fight this. is this a common thing in family court, or does her behavior suggest that she is really hiding something?

Thank you for your help!

How about if the boyfriend/father gets online and tells his own story because he cares about his own life and his own legal situation, much less his kid?

 

[anapr]

truth be told, he handles his own with his lawyer, family, and of course, his child. he is devoted and selfless.

the questions i have asked on this forum are for my own information--this is a man that i would like to build my life with and want to be educated on this issue in my own right. it is not a situation where i conduct reconnaissance and/or research on his behalf.

if this forum is not for the purposes of obtaining and sharing legal information with the intent of helping people better understand the family court system, then please let me know and i will be happy to discontinue posting.

 

[whyUcryin]

Where does it state the legal advice needed must be for your own issue and not someone elses?

 

[NotSoNew]

sounds like she has something hide! does your BF have visitation? he could preform his own (not court admissible) paternity test if he sees the child, just so he would know. but otherwise she could have something to hide or she could just being a b*!ch.

(side note, just ignore those who tell you to butt out of it or have your BF tell his own story)

 

[anapr]

sounds like she has something hide! does your BF have visitation? he could preform his own (not court admissible) paternity test if he sees the child, just so he would know. but otherwise she could have something to hide or she could just being a b*!ch.

(side note, just ignore those who tell you to butt out of it or have your BF tell his own story)

I appreciate your words of support, just trying to be a little better educated on this topic

Visitation has never been denied until recently (they are currently in court hashing that out with another date coming up in a few weeks), so until now he has never thought about obtaining his own child's DNA in order to test it.

He was in NY recently and could have done it then, but his ex denied him the right to see his son because a custody and visitation order has not been issued yet. When he asked if he could see his son because he was in town for legal proceedings, he was told that he by her lawyer that he could, in fact see his son--but only if he dropped the request for a paternity test.

These are just some of the reasons that i find strange in this situation--and i'm also glad to know that i'm not the only one who finds this tactic a bit strange.

I did, however, wonder if it is not unusual for a parent to fight paternity testing for different legal reasons.

Thank you!

 

[Neal1421]

I appreciate your words of support, just trying to be a little better educated on this topic

Visitation has never been denied until recently (they are currently in court hashing that out with another date coming up in a few weeks), so until now he has never thought about obtaining his own child's DNA in order to test it.

He was in NY recently and could have done it then, but his ex denied him the right to see his son because a custody and visitation order has not been issued yet. When he asked if he could see his son because he was in town for legal proceedings, he was told that he by her lawyer that he could, in fact see his son--but only if he dropped the request for a paternity test.

These are just some of the reasons that i find strange in this situation--and i'm also glad to know that i'm not the only one who finds this tactic a bit strange.

I did, however, wonder if it is not unusual for a parent to fight paternity testing for different legal reasons.

Thank you!

The only reason I can think of is if there is a possibility that the child is not his.

 

[topshelfhaha]

How about if the boyfriend/father gets online and tells his own story because he cares about his own life and his own legal situation, much less his kid?

right about now after reading a couple of your posts today, I am starting to think there has to BE AT LEAST four or five knots in your panties.

 

[fairisfair]

You say that "visitation has never been denied until recently" which leads us to believe that there is in fact a visitation order, and therefore, a child support order, and therefore, establishment of paternity. Did your boyfriend sign an acknowledgement of paternity, is he on this childs birth certificate? and what is this crap about his lawyer "would like" to petition for paternity testing, if it is in order, he files the motion, that is that. There is no asking if he can, or liking or wanting.

 

[fairisfair]

right about now after reading a couple of your posts today, I am starting to think there has to BE AT LEAST four or five knots in your panties.

Why are you looking at Silver's panties??

 

[ezmarelda]

Why are you looking at Silver's panties??

...because they are pretty...

 

[anapr]

You say that "visitation has never been denied until recently" which leads us to believe that there is in fact a visitation order, and therefore, a child support order, and therefore, establishment of paternity. Did your boyfriend sign an acknowledgement of paternity, is he on this childs birth certificate? and what is this crap about his lawyer "would like" to petition for paternity testing, if it is in order, he files the motion, that is that. There is no asking if he can, or liking or wanting.

I apologize for not making myself clear--visitation has never been denied because they have just decided to go to court in the first place. For the first 2 years of the child's life they worked out their own support and visitation schedule. She denied him the right to see his child recently because there is no court order yet stating that she has to let him see his child.

The custody issue has not been dealt with yet, but recently, support was settled in court. That is when the issue of paternity was brought up in court, although it has come up in conversation between the two parents before. No legal proceedings have occured until last week.

He did sign the affadavit of paternity, which he has discussed with his lawyer. Although that can be a sticky situation, he never had reason to think that she was lying to him before...but as of late, it seems that he is catching her in lie after lie--which naturally, makes him suspicious.

And he "will" petition for paternity, as they are getting documents together right now.

 

[Silverplum]

Why are you looking at Silver's panties??

ROFL!

...because they are pretty...

They're silver! (or not!)

 

[fairisfair]

I apologize for not making myself clear--visitation has never been denied because they have just decided to go to court in the first place. For the first 2 years of the child's life they worked out their own support and visitation schedule. She denied him the right to see his child recently because there is no court order yet stating that she has to let him see his child.

The custody issue has not been dealt with yet, but recently, support was settled in court. That is when the issue of paternity was brought up in court, although it has come up in conversation between the two parents before. No legal proceedings have occured until last week.

He did sign the affadavit of paternity, which he has discussed with his lawyer. Although that can be a sticky situation, he never had reason to think that she was lying to him before...but as of late, it seems that he is catching her in lie after lie--which naturally, makes him suspicious.

And he "will" petition for paternity, as they are getting documents together right now.

How long ago did BF sign the acknowledgement. He may have a real problem here as he has been presenting himself and acting as this child's father for what? 2 years, even if the attorney gets the DNA test and he is not biologically the father.

 

[ezmarelda]

How long ago did BF sign the acknowledgement. He may have a real problem here as he has been presenting himself and acting as this child's father for what? 2 years, even if the attorney gets the DNA test and he is not biologically the father.

could it make a differance depending on *when* he found out the child might not be his???