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Help! potential paternity suit

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Linda Rose

Junior Member
What is the name of your state? California
I have had a restraining order on my ex-BF for three years (He attacked me when I was 2 months pregnant). The order expires next week. Due to small town rumors I am fearful that he will soon serve me with a court notice for parentage/visitation. His name is not on the birth certificate. She is now 2 1/2. He has done nothing LEGALLY in that time to get custody, and has never seen her. I haven't moved. I don't need child support. He is a drug dealer/addict and I want nothing to do with him. He does nothing legally, but whines about not seeing his kid. Will the courts look upon him as negligent for not filing for paternity earlier, and will this count against him? :confused:
 


BelizeBreeze

Senior Member
Linda Rose said:
What is the name of your state? California
I have had a restraining order on my ex-BF for three years (He attacked me when I was 2 months pregnant). The order expires next week. Due to small town rumors I am fearful that he will soon serve me with a court notice for parentage/visitation. His name is not on the birth certificate. She is now 2 1/2. He has done nothing LEGALLY in that time to get custody, and has never seen her. I haven't moved. I don't need child support. He is a drug dealer/addict and I want nothing to do with him. He does nothing legally, but whines about not seeing his kid. Will the courts look upon him as negligent for not filing for paternity earlier, and will this count against him? :confused:
He has until the child turns 18 to establish paternity. I would strongly suggest you get ready. The child is (if proven by DNA) HIS child also.
 

LdiJ

Senior Member
Linda Rose said:
What is the name of your state? California
I have had a restraining order on my ex-BF for three years (He attacked me when I was 2 months pregnant). The order expires next week. Due to small town rumors I am fearful that he will soon serve me with a court notice for parentage/visitation. His name is not on the birth certificate. She is now 2 1/2. He has done nothing LEGALLY in that time to get custody, and has never seen her. I haven't moved. I don't need child support. He is a drug dealer/addict and I want nothing to do with him. He does nothing legally, but whines about not seeing his kid. Will the courts look upon him as negligent for not filing for paternity earlier, and will this count against him? :confused:
Honestly no, if he does it now it probably won't count against him (or at least not much) that he didn't do it sooner. However, don't be overly afraid that he will do it now. It will obligate him for child support and that alone will make him think twice.

However, if you want to be as prepared as possible, then go down to his local police station and pull any and all records related to him.
 

Linda Rose

Junior Member
Would I have to pay HIM child support

Thanks, I guess one more thing I worry about is - would I actually have to pay HIM child support??? I make good money, own a home, etc. (But due to debt have nothing at the end of the month). He travels from music festival to festival selling ethnic jewelry (and drugs!). It's all under the table. He has another kid he only pays $125 month child support (every other weekend visits, last I heard). That will just really get my goat if I have to pay him, but I know sometimes it happens, right? Also, will having had a restraining order (that's soon expiring) still hinder him in getting custody and visitation? I would prefer supervised visitation, that's for sure, if it has to be. He would never pass a drug test, in fact he is an ordained reverend of the THC ministries - no kidding!!!
 

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