• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Determining Paternity Issues

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

TNine

Junior Member
If you were put on the birth certificate then you were either married to the mother OR you signed the AOP. Or the court declared you father by default.
And how is that legal if never notified in the beginning?

Your saying it can not be fought because someone didn't know it was occurring in the first place? The mother could have given a old address on purpose knowing that court documents would never arrive.

Is there nothing that can be done?
 


Ohiogal

Queen Bee
So they are allowed to assume that someone is guilty just because they had the wrong address and the party was never actually notified?

Paternity never determined.
Never receiving a summons or subpoena.

How is that legal?
Slowly:
PATERNITY was determined by default. You didn't show after you were served residentially. Your roommate should have refused service due to you not living there. They did not. it is legal because it follows the rules of procedure. Okay? Blame your old roommate for not telling you. Blame yourself for having sex with someone with whom you were not married and apparently with whom you were not involved seriously.
 

Silverplum

Senior Member
So they are allowed to assume that someone is guilty just because they had the wrong address and the party was never actually notified?

Paternity never determined.
Never receiving a summons or subpoena.

How is that legal?
Your state made it legal.
 

Ohiogal

Queen Bee
And how is that legal if never notified in the beginning?

Your saying it can not be fought because someone didn't know it was occurring in the first place? The mother could have given a old address on purpose knowing that court documents would never arrive.

Is there nothing that can be done?
Find the actual biological father if that is not you. Have him petition to become father. But quite frankly, YOU are legally the child's father. Get involved with your child's life and step up and become a full grown adult man.
 

Silverplum

Senior Member
And how is that legal if never notified in the beginning?

Your saying it can not be fought because someone didn't know it was occurring in the first place? The mother could have given a old address on purpose knowing that court documents would never arrive.

Is there nothing that can be done?
The resident should have refused to sign for the summons.
 

TNine

Junior Member
Actually, it has been determined.
How has it been determined?

Was never notified about it until after the fact and as far as I know it may not even be true since it was only determined because the mother put a name on the birth certificate to begin with. If someone puts a celebrity name on a birth certificate that wouldn't automatically make them the child's parent.
 

Proserpina

Senior Member
And how is that legal if never notified in the beginning?

Legally you were notified. And yes, paternity has been established.

Your saying it can not be fought because someone didn't know it was occurring in the first place? The mother could have given a old address on purpose knowing that court documents would never arrive.

Is there nothing that can be done?

File for a visitation/custody order?
 

Proserpina

Senior Member
How has it been determined?

Was never notified about it until after the fact and as far as I know it may not even be true since it was only determined because the mother put a name on the birth certificate to begin with. If someone puts a celebrity name on a birth certificate that wouldn't automatically make them the child's parent.


In an unwed situation the ONLY way the father can appear on the birth certificate is either signing the paternity papers, or it being a default.
 

Silverplum

Senior Member
How has it been determined?

Was never notified about it until after the fact and as far as I know it may not even be true since it was only determined because the mother put a name on the birth certificate to begin with. If someone puts a celebrity name on a birth certificate that wouldn't automatically make them the child's parent.
You keep asking the same question.
 

TNine

Junior Member
The resident should have refused to sign for the summons.
Obviously but who knows why they didn't. They could have been consorting with the mother. Not on good terms anymore. etc...

I still don't understand how they way the courts handle this from the beginning could be considered legal.

Question still remains. How does all this get fixed? Doesn't innocent until proven guilty apply to this? wasn't even given the opportunity to defend against the allegations.
 

TNine

Junior Member
Do we know how old the child is yet?
Twenty three now. The issue is also present that notification was not done at the time of the ruling or for several years afterwards which I think is questionable in itself. How does all this happen without one of the parties being notified?
 

Ohiogal

Queen Bee
Obviously but who knows why they didn't. They could have been consorting with the mother. Not on good terms anymore. etc...

I still don't understand how they way the courts handle this from the beginning could be considered legal.

Question still remains. How does all this get fixed? Doesn't innocent until proven guilty apply to this? wasn't even given the opportunity to defend against the allegations.
Yes you were. YOU were properly served at your former residence. Innocent until proven guilty applies ONLY to criminal proceedings. This is not a criminal proceeding. You were properly served per the rules of procedure. Apparently, you shouldn't have had sex and disappeared. You should have been more responsible. As I said on another thread, every time you have sex, you are gambling on forever. If you don't want to be in a forever situation, DO NOT HAVE SEX. The moment you did is the moment you decided you were okay with being a father. Congratulations. Pass out cigars and man up.
 

Silverplum

Senior Member
Obviously but who knows why they didn't. They could have been consorting with the mother. Not on good terms anymore. etc...

I still don't understand how they way the courts handle this from the beginning could be considered legal.

Question still remains. How does all this get fixed? Doesn't innocent until proven guilty apply to this? wasn't even given the opportunity to defend against the allegations.
Your state made it legal.
 

Ohiogal

Queen Bee
Twenty three now. The issue is also present that notification was not done at the time of the ruling or for several years afterwards which I think is questionable in itself. How does all this happen without one of the parties being notified?
Well you can also ask your offspring to do a paternity test now. Contact the following:
http://www.beonpaternitycourt.tv/


There you go. Maybe that will make you feel better. Apparently though you didn't want to be a responsible adult or a parent to this child who is now an adult.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top