Paternity subpoena

[cuppiecake]

no dad is the defendant, and this action is being brought forth by the DA.

I have never had an issue with him coming around. The issue is he chooses NOT to.

My parents have lived in the same house, they have had the same number. He could come around and see her.

He has never been denied seeing her. And if he wanted visitation I would welcome it. My daughter should have her father in her life. He is the one who isnt there!

 

[LdiJ]

no dad is the defendant, and this action is being brought forth by the DA.

I have never had an issue with him coming around. The issue is he chooses NOT to.

My parents have lived in the same house, they have had the same number. He could come around and see her.

He has never been denied seeing her. And if he wanted visitation I would welcome it. My daughter should have her father in her life. He is the one who isnt there!

Is it possible that you were using the term "state aid" previously meaning that you asked for help from the state to collect child support? Or did you mean that you applied for welfare benefits and were denied?

In either case, if the state initiated a child support case for either reason, that part would never be "denied" because they couldn't locate him. It might go on the back burner until he popped up in the system somewhere, but it wouldn't be "denied". At the same time, if you qualified for welfare benefits those wouldn't be denied either just because they could not find dad. They would only be denied if you either didn't qualify income-wise for benefits or if you refused to cooperate with providing them whatever information you had about dad.

 

[cuppiecake]

I had lost my job when the company i worked for folded. It was suggested to me, that I apply for child support and cash assistance via DCFS. So that is what I applied for. I gave them the information I had on him. Which was his name, Bday, and social. I did not have his address. I did not keep the denial letter to give you the exact reason they gave me for denial, but to the best of my recollection, it was denied because they could not locate him, and I could not prove he was the father since he did NOT sign her Birth certificate. It didnt say anything about income, but the fact that my parents were covering my immediate bills until i got another job, and that i was not destitute may have played a factor in their decision.

 

[LdiJ]

I had lost my job when the company i worked for folded. It was suggested to me, that I apply for child support and cash assistance via DCFS. So that is what I applied for. I gave them the information I had on him. Which was his name, Bday, and social. I did not have his address. I did not keep the denial letter to give you the exact reason they gave me for denial, but to the best of my recollection, it was denied because they could not locate him, and I could not prove he was the father since he did NOT sign her Birth certificate. It didnt say anything about income, but the fact that my parents were covering my immediate bills until i got another job, and that i was not destitute may have played a factor in their decision.

Yes, the assistance from your parents would have factored in. They likely denied you the cash assistance but did not close the child support case. So, when he popped up somewhere in the system they got on it. In my state employers are required to report "new hires" to the state specifically for the purpose of helping them locate ncps for child support purposes. Something similar may have happened in your case. He might have changed jobs, got reported as a new hire, and that is what made him pop up on their radar.

 

[cuppiecake]

So this is just a hearing for him to give his reasons why he dont think he is her dad? And for the reasons I do think he is her dad?
And if he can not provide enough proof that he dont think he is her dad, they could THEN order him to take a DNA test at a later date?
And if he dont show to this hearing will they just keep postponing it? Reason I ask is because I will lose a whole days work, and would prefer not to get caught in a cycle of me showing up and him not.

 

[LdiJ]

So this is just a hearing for him to give his reasons why he dont think he is her dad? And for the reasons I do think he is her dad?
And if he can not provide enough proof that he dont think he is her dad, they could THEN order him to take a DNA test at a later date?
And if he dont show to this hearing will they just keep postponing it? Reason I ask is because I will lose a whole days work, and would prefer not to get caught in a cycle of me showing up and him not.

The will order him to do a DNA test no matter what...unless he flat out admits to being dad...and even then they might order one anyway, to be certain. About the only time a judge would not order a DNA test is if there is absolute proof that there is no way the he could have been anywhere near you at the time of conception. For example, if he had been in jail for 6 months before your conception date, and for several months after, that might be convincing proof that there is no way he could be dad.

Once you make the child available for genetic testing, and have the child swabbed, you likely will not be required to attend any further hearings, although generally its wise to do so.

 

[cuppiecake]

Update

Went today for the genetic testing, collection WAS done at court house, but that might have been because dad is incarcerated again. Dad told judge that our daughter was his, we did do the genetic testing anyways, Judge ordered him to pay child support, for his name to be listed on her birth certificate, and told him that when he gets his life in order and out of jail he can file in the courts for visitation. And that he should expect to have limited visitation in the beginning in order for our child to get to know him. The judge then told me that when and if dad files for visitation that I should ask for a reintergration visitation order and (i am assuming because of his prior drug convictions) a drug free stipulation to visitation.

I gave dad our address so he can write to her if he chooses to. I also brought him school pictures of her, but he was not allowed to take them with him, but I was told I could mail them to him in jail. So if he writes our daughter. she will write him back and can send him the pictures then.


Thank you for the advice I received.