Opinions sought! Long, Long Read

[NotSoNew]

i thought fathers were SUPPOSED to file the putative father form, so that mom couldnt give the baby up for adoption without their consent, i dont see how that makes him legally the father, he said he was the ALLEGED father, he was acting in good faith, not trying to admit he was the father, but to protect himself is he was the father.

and why is the court barring him from doing a DNA test for the next three months? it all DOES sound a lil crooked to me.

 

[Ohiogal]

i thought fathers were SUPPOSED to file the putative father form, so that mom couldnt give the baby up for adoption without their consent, i dont see how that makes him legally the father, he said he was the ALLEGED father, he was acting in good faith, not trying to admit he was the father, but to protect himself is he was the father.

and why is the court barring him from doing a DNA test for the next three months? it all DOES sound a lil crooked to me.

Putative father is for those people that legitimately believe they have a child with someone. Follow the way this went. She alleged he was the father. He said yes I am that person. He didn't say -- based on the facts in his post -- I am <enter his name> but I do not believe I am the father because there are other possibities or raise any doubts. He signed a putative father form stating that he would be the father of the child if it came from a relationship with such and such a person. Hence it is an admission and his admission was accepted and found to be FACT by the judge. The reason would be stated in the court order that bars him from getting a DNA test.

 

[NotSoNew]

Putative father is for those people that legitimately believe they have a child with someone. Follow the way this went. She alleged he was the father. He said yes I am that person. He didn't say -- based on the facts in his post -- I am <enter his name> but I do not believe I am the father because there are other possibities or raise any doubts. He signed a putative father form stating that he would be the father of the child if it came from a relationship with such and such a person. Hence it is an admission and his admission was accepted and found to be FACT by the judge. The reason would be stated in the court order that bars him from getting a DNA test.

a PRIVATE One? he cant get a private test for his own knowledge because of this?

i read an article of a guy who went and filed a putative father claim for every girl he ever had sex with, regardless of if they were pregnant or not, so they could never give up his child for adoption if he didnt know they got pregnant. guess that was a bad idea on his part!

 

[Ohiogal]

a PRIVATE One? he cant get a private test for his own knowledge because of this?

i read an article of a guy who went and filed a putative father claim for every girl he ever had sex with, regardless of if they were pregnant or not, so they could never give up his child for adoption if he didnt know they got pregnant. guess that was a bad idea on his part!

Yeah it was a bad idea on his part. No he can't get a private one BECAUSE it is considered a medical test. Only mom who has full/sole custody has the right to okay medical tests at this point seems to be the reasoning. He cannot commission any medical procedures/exams without the mother's okay because he doesn't have custody. He has visitation but that does not entitle him to make those decisions. That is provided I am reading the post right.

As a side note: The only people who have a say so in putting a child up for adoption are the mother and father of the child normally (unless someone else has full legal custody and the parents rights have been terminated) -- by signing a form to prevent that, that basically states the man is a father to the child in question.

 

[rmet4nzkx]

The laws vary from state to state re paternity, KY is more concerned that paternity is established than who the otherwise legal or biological father is. It comes down to a $ issue plain and simple. If OP had filed a paternity action which would have forced the court to order mom to present the child for the DNA test then OP wouldn't be paying child support right now. In some states, registering with the putitive father's registry only prevent's mom from surrendering the child for adoption by essentially claiming paternity if there is not a paternity action filed. Unless OP also filed an AOP at the hospital the only way paternity could be established would be if he were judged to be the father, possibly at the hearing. Here are the sections of kentucky law concerning paternity also see sections on disestablishing paternity.

Kentucky Revised Statutes ... .046 Registration of births required -- Establishment of paternity -- Duties of institution and cabinet -- Contents of birth ...
http://www.lrc.ky.gov/krs/213-00/CHAPTER.HTM

Get an attorney.

Kentucky Adoption Laws, Page 5
Putative Fathers
Does State have a Putative Father Registry:

No
Registry/Paternity Requirements to Receive Notice
Statute: § 625.065

*
The putative father is made a party, and is brought before the court in the same manner as any other party to a termination action if, prior to the final order in the termination proceeding, he acknowledges the child as his own by asserting paternity in the action, to the custodial agency, or the party bringing the action, within 60 days after the child's birth.
* Notice is also required if the mother identifies him, his name is on the birth certificate, or he has contributed to the financial support of the child.
* Only one of the requirements must be satisfied.

Information Contained in Registry/Claim
Statute:

Not addressed in statutes reviewed
Revocation of Claim to Paternity
Statute:

Not addressed in statutes reviewed
Access to Information Maintained in Registry
Statute:

Not addressed in statutes reviewed

Previous Page Next Page

Credits: National Adoption Information Clearinghouse

 

[Ohiogal]

The laws vary from state to state re paternity, KY is more concerned that paternity is established than who the otherwise legal or biological father is. It comes down to a $ issue plain and simple. If OP had filed a paternity action which would have forced the court to order mom to present the child for the DNA test then OP wouldn't be paying child support right now. In some states, registering with the putitive father's registry only prevent's mom from surrendering the child for adoption by essentially claiming paternity if there is not a paternity action filed. Unless OP also filed an AOP at the hospital the only way paternity could be established would be if he were judged to be the father, possibly at the hearing. Here are the sections of kentucky law concerning paternity also see sections on disestablishing paternity.

Kentucky Revised Statutes ... .046 Registration of births required -- Establishment of paternity -- Duties of institution and cabinet -- Contents of birth ...
http://www.lrc.ky.gov/krs/213-00/CHAPTER.HTM

Get an attorney.

Thanks for this information. I definitely agree with the advice of get an attorney for the OP.

 

[NotSoNew]

this was the article i read, i didnt even know what a putative fathers registry was until this article. apparently this guy didnt either. it was in Ohio...

http://www.adopting.org/adoptions/the-ohio-putative-father-registry-the-what.html

 

[momof1]

There are a few things to concider in your case.

First you can do what someone earlier suggested and do a home dna test, which costs about $138.00 (online) and can be done among just you and the child. This dna test can not be used for legal matters and is non usable in court. This may prove the child is yours and then you will have no need to further pursue the dna test.

If the test comes back it is NOT your child then you somehow need to find any proof you can outside of this non legal dna test to make the courts question the paternity.

Good Luck to you!

 

[rmet4nzkx]

this was the article i read, i didnt even know what a putative fathers registry was until this article. apparently this guy didnt either. it was in Ohio...

http://www.adopting.org/adoptions/the-ohio-putative-father-registry-the-what.html

But OP is in Kentucky with different laws. We recently had a thread which has now been deleted where a married woman had two children with her boyfriend from Kentucky, in OHIO so these were the legal children of the marriage. The "father" then took the children across state lines essentially kidnapping the children, ran the mother over with a car when she tried to flee back to Ohio and he waltzed into the probate court in KY the next business day and was granted guardianship of the children because under KY law all he had to do was claim they were his children the court didn't ask nor did they check out the fact that he was under investigation for murdering the mother and had a history of other criminal convictions.

 

[luckyshot]

Your county is not crooked based on what you have said. You have said you filed a claim admitting you were the father. YOU made the error. The county believed you when you claimed you were the father rendering a DNA test unnecessary. They now are doing what is in the best interest of the child when it comes to the child having a relationship with both parents.
Do you want joint custody or not? Because you can't go after joint custody and do a paternity test against court orders. If you did do a test against court orders (which would require medical testing of the child for which you do not have a say so considering you have no legal custody) you are facing a lot of problems and possible lawsuit. Also the court would look at your actions as being unable to follow their orders and take that into consideration when setting any visitation/custody.

Yes, I know my county is crooked, based on what I know and will not say. If I made the error of addressing the county attorney to get a DNA test to establish that I am the child's father, then so be it. As someone else stated, I can do a private paternity test, it will just not be admissable in court. The county may have believed I was the father when I filed the claim, but they are the responsible parties in addressing the fact that they would get me a court ordered DNA test through the putative father claim. But you're right, they twisted my words around and threw them back at me.

The order against DNA is temporary, and another hearing has already been set. The attorney is reviewing past cases due to the fact he will file another motion for DNA. The simple reason that the test didn't happen is because the circuit court ruled that we could not have the District Court overruled.
However, I have no intentions of seeking DNA until joint custody comes with the issue.

What are they going to do? Rule that I can't have a DNA test as long as the child's in my custoday, for example, if I have joint custody. That sounds completely absurd to me, but thanks for the input!

 

[CandiceH]

But OP is in Kentucky with different laws. We recently had a thread which has now been deleted where a married woman had two children with her boyfriend from Kentucky, in OHIO so these were the legal children of the marriage. The "father" then took the children across state lines essentially kidnapping the children, ran the mother over with a car when she tried to flee back to Ohio and he waltzed into the probate court in KY the next business day and was granted guardianship of the children because under KY law all he had to do was claim they were his children the court didn't ask nor did they check out the fact that he was under investigation for murdering the mother and had a history of other criminal convictions.

Sorry to hijack but I am still trying to follow this one....is there any new news....link or anything?

 

[luckyshot]

He said yes I am that person. He didn't say -- based on the facts in his post -- I am <enter his name> but I do not believe I am the father because there are other possibities or raise any doubts. He signed a putative father form stating that he would be the father of the child if it came from a relationship with such and such a person. Hence it is an admission and his admission was accepted and found to be FACT by the judge. The reason would be stated in the court order that bars him from getting a DNA test.

After the DNA was dismissed in District Court, the motion filed in Circuit Court showed reasons why I believed I may not be the father of this child. However, it made no difference. And the whole point of the putative father claim was to request DNA testing, which was granted, and then dismissed. So it was scheduled to happen, she just got an attorney who found a few technicalities and decided it would be in the child's best interest to not have a DNA test to see who his biological father was, which seems unreal.

 

[luckyshot]

i thought fathers were SUPPOSED to file the putative father form, so that mom couldnt give the baby up for adoption without their consent, i dont see how that makes him legally the father, he said he was the ALLEGED father, he was acting in good faith, not trying to admit he was the father, but to protect himself is he was the father.

and why is the court barring him from doing a DNA test for the next three months? it all DOES sound a lil crooked to me.

Exactly the point I've been trying to make. It's amazing a court would block the idea of a child being tested to determine who his biological father is. No idea how that is in the best interest of the child.

 

[rmet4nzkx]

Sorry to hijack but I am still trying to follow this one....is there any new news....link or anything?

NO I haven't heard anyting, unfortunately they had retained an incompetent attorney for the probate who made things worse. I will check.

 

[rmet4nzkx]

Exactly the point I've been trying to make. It's amazing a court would block the idea of a child being tested to determine who his biological father is. No idea how that is in the best interest of the child.

They didn't have to do DNA because you didn't file a PATERNITY ACTION, so the DNA test was voluntary as was your acknowledgement of paternity as adjudicated by the court. Now you have to file to disestablish paternity in order to get a DNA test and then worry about custody.