lawyer said...

[cjub13]

What is the name of your state? MD

The lawyer went to the judge today with a paternity affadavit. He asked for that an order be issued to my x that states she has to disclose when the child is born and her whereabouts. The judge signed it. The lawyer then said, l"et's just hope she doesn't ignore it".

What if she does ignore it? It is a court order right, what happens?

 

[tigger22472]

What is the name of your state? MD

The lawyer went to the judge today with a paternity affadavit. He asked for that an order be issued to my x that states she has to disclose when the child is born and her whereabouts. The judge signed it. The lawyer then said, l"et's just hope she doesn't ignore it".

What if she does ignore it? It is a court order right, what happens?

I'm confused. If her whereabout aren't known how is she going to be served?

 

[cjub13]

Right now I know where she is, but she has threatened to leave and go to West Virginia. I think she may stay in Maryland since she is on a Maryland Health Care Plan throught the state.

She keeps moving between her mothers house and her boyfriends house.

 

[casa]

What is the name of your state? MD

The lawyer went to the judge today with a paternity affadavit. He asked for that an order be issued to my x that states she has to disclose when the child is born and her whereabouts. The judge signed it. The lawyer then said, l"et's just hope she doesn't ignore it".

What if she does ignore it? It is a court order right, what happens?

You'll find out eventually- she can't be pregnant forever.

If she disregards the court order, you can file against her for contempt (not a great way to start out being on the good side of custody in court).

If she's on state aid- she won't be extremely difficult to find.

 

[cjub13]

Yes, I will find out eventually. The sooner the better though. So if I find out, and I find out on my own that she had it, then I file contempt charges against her, and go ahead with the paternity,custody, and visitation.

I think she will ignore the order. Her mother told me and tells her that, "those court orders aren't worth wiping your a.. with." She said I am wasting my money getting a lawyer.

I did find a great web site for those who are in my situation, waiting for their child to be born: http://www.growingfamily.com/webnursery/

Thanks for your advice... I appreciate it!

 

[LdiJ]

Yes, I will find out eventually. The sooner the better though. So if I find out, and I find out on my own that she had it, then I file contempt charges against her, and go ahead with the paternity,custody, and visitation.

I think she will ignore the order. Her mother told me and tells her that, "those court orders aren't worth wiping your a.. with." She said I am wasting my money getting a lawyer.

I did find a great web site for those who are in my situation, waiting for their child to be born: http://www.growingfamily.com/webnursery/

Thanks for your advice... I appreciate it!

Actually....I kind of agree with her mother.

Unless some kind of prenatal DNA test was done due to her already needing to have amnio.....I don't think those orders are enforceable. I think the judge abused his discretion by making the orders at all. Therefore I don't think the judge will risk finding her in contempt if she doesn't obey them. I think that the judge made the order "hoping" that she will obey it....but I don't think the judge can enforce it.

 

[cjub13]

In Maryland:
'Paternity can be established by: judicial determination of paternity; father's acknowledgment of paternity in writing; father's open and notorious recognition of the child as his own; or by marrying the mother and then acknowledging himself as the father, either in writing or orally. In order for a father to bring suit to establish paternity by judicial determination, he should file an action for "filiation"; but, this is not required to seek custody if any of the other three methods has established paternity. Once paternity is established, neither party will be given a preference based solely on the gender.'

I wanted to acknowledge paternity now, but the lawyers suggests doing it with the order, and filing for DNA. I don't feel comfortable with her taking the baby to get tested. She said she would "borrow" nanother baby to go to the lab.

 

[tigger22472]

I wanted to acknowledge paternity now, but the lawyers suggests doing it with the order, and filing for DNA.

This issue is there is NOT a baby to establish paternity to. I agree this order is not going to be enforced before the child is born.

 

[LdiJ]

In Maryland:
'Paternity can be established by: judicial determination of paternity; father's acknowledgment of paternity in writing; father's open and notorious recognition of the child as his own; or by marrying the mother and then acknowledging himself as the father, either in writing or orally. In order for a father to bring suit to establish paternity by judicial determination, he should file an action for "filiation"; but, this is not required to seek custody if any of the other three methods has established paternity. Once paternity is established, neither party will be given a preference based solely on the gender.'

I wanted to acknowledge paternity now, but the lawyers suggests doing it with the order, and filing for DNA. I don't feel comfortable with her taking the baby to get tested. She said she would "borrow" nanother baby to go to the lab.

That clause is normally used in a situation where a dad tries to deny paternity after having been "dad" for a period of time. Example....dad recognizes the child as his child for several years...and then tries to deny paternity. (usually to get out of child support)

However, in your scenario that would mean that any wacko could claim to be the father of some woman's child...even if he was a stalker who never had any relationship with the woman.

The bottom line is that you...can't prove that you are the child's father until a DNA test is done....therefore I don't think that there is any chance that those orders are enforceable.

 

[cjub13]

Thank you. I wish that I would have posted this before the papers were drawn up and signed. I just wasted a boat load of money.

You can ask 3 lawyers the same thing and get 3 different answers. All I asked was, "is there anything I can do now?"...