court ordered DNA tests

What is the name of your state? TEXAS
my son is being taken to court for child support, he doesn't know if the child is his. child has mother's maiden name. what do we need to expect?

Ummm, that's kind of an open-ended question. What can you expect? You mean besides him being ordered to pay CS if he is found to be the father? Do you want to know what CS laws in your area are? How much he will have to pay? What the court procedures will be like? You probably will get a better answer from someone if you narrowed down your question.

What I will empathically suggest for you to do is make sure your son knows the importance of not blowing this off. He can be found to be the father even if he doesn't cooperate with the dna test and fails to show up for court. This would be very bad!

Does he have a lawyer?

Well to narrow it down, no he doesn't have a lawyer. Should he get one now? He goes to court 9/26. If he is found to be the father of a 7mos. child, will he have to pay back child support? Also he is going into the service in 1/04 and if he is father, will this in any way stop him from going in? How long can they drag this out? If he doesn't get to go at enty date then it may be another 6mos before his position is open again. He will not "blow this off" because he is very aware how important this could be for his career in the military and with a military career he would be better able to care for the child, if it is his.

[VG1013]

Originally posted by kala mckenzie
What is the name of your state? TEXAS
my son is being taken to court for child support, he doesn't know if the child is his. child has mother's maiden name. what do we need to expect?

Well, if he doesn't know if the child is his...then when he gets to court, he can ask for a DNA test. When the tests come back, it will show if he is the father or not. If he is...he will have to pay CS...if he isn't, he won't. You say the child has mother's name...who's name is on the BC as the father?

[Grace_Adler]

Yes, he should ask for a DNA test when he goes to court. I don't know how long the results take to come back and there is a good chance he may have to go to court again if he is found to be the father.

I would let the judge know about the military thing and ask the judge what he should do about appearing in court again if he's going to be off in training.

You may not need a lawyer but it doesn't hurt to get a consult with one.

[BabyBlue91]

Into which branch of the military is he planning to enlist? If he wants to join, say, the Marines and the child is his, he will most likely have to request a waiver. Other branches allow for two or three dependents.

[url]http://usmilitary.about.com/library/weekly/aa082701b.htm[/url]

He's going into the Navy. And yes he will let the judge know about the entry date, however if the judge isin't understanding and the results take too long and he's ordered to appear while he's in Chicago then he will be in contempt and go to jail. The problem isin't so much that he may or may not be the father, he's accepted the fact that he may be, he just wants so much to go into the military. The mother did not put a father on the birth certificate. Why I do not know. And she's threatening to sue for the back support from time of birth. He did not work for very long during the 7mos. because he was in school. And also don't they set the amount of cs by a percentage of income? He did not recieve any moneys while he was in college except from us. He had a full load at school to further his military career.

[VeronicaGia]

Then his absolute best bet is to hire an attorney to represent him and get in on record at the upcoming court date. That way, if he's away when another court date follows, his attorney can represent him in his absence. And his attorney will be notified of any upcoming court dates.

An excellent resource for fathers: [url]www.deltabravo.net[/url]

There is a document there that lists questions to ask a prospective attorney before hiring him/her. You will want someone well versed in family law.

Also, I couldn't pull up my regular website to see how far back TX will go for support, but since the child is 7 months old, likely they will go after support from birth. Realize that many people get charged for years of support, not just months. Also, if she's collecting welfare, they will definitely go back to the date of birth.

He needs an attorney.

I'd like to thank everyone who replied. It has been a help. Thanks again. I'll let you know how it turns out. Kala

[VG1013]

your very welcome