paternity

[cracker]

What is the name of your state (only U.S. law)? NC or soon to be FL
My child's father is not on the birth certificate. This may soon go to court
for visitation. Is a paternity test required to prove he is the father or is
my statement good enough?

 

[CJane]

He will most certainly be given the opportunity to have a DNA test performed.

 

[LdiJ]

What is the name of your state (only U.S. law)? NC or soon to be FL
My child's father is not on the birth certificate. This may soon go to court
for visitation. Is a paternity test required to prove he is the father or is
my statement good enough?

If either of you challenge paternity it will require a DNA test. Some judges may require a DNA test anyway..just on principle.

 

[cracker]

It's not being challenged, and I don't think he can afford a paternity test.

 

[CJane]

It's not being challenged, and I don't think he can afford a paternity test.

If this is part of a child support case, very often, the state will pay for the test.

Honestly? It really is best for everyone if a DNA test is performed - then there can never even be the slightest niggling doubt.

And they're not that expensive anymore... less than $500 anyway, and the cost may be ordered to be split.

 

[cracker]

Its not really a child support case, although I guess it could be. And anyway why should I have to pay for any of it at all. Im not the one who overslept the signing of the birth certificate.

 

[CJane]

Its not really a child support case, although I guess it could be. And anyway why should I have to pay for any of it at all. Im not the one who overslept the signing of the birth certificate.

Maybe not. Though there is no 'signing of the birth certificate' there's a signing of the affidavit of paternity and he could have done that at any point before you left the hospital. Doesn't exactly require an appointment.

Whether or not you feel it's fair isn't really relevant.

 

[cracker]

When our son was born, 4 hours before I left the hospital, they brought the "hospital birth certificate copy" (that is what the paper says, I still have a copy) in to be filled out. I told them the father wasn't there yet and to please wait until he came. I called the house over and over. His mother and my mother and 3 neighbors beat on the door to no avail. He never woke up. In fact, he took so long they came in, told me they needed the room, and made me wait outside in a wheel chair until he came with the carseat so they could check it. My mother had to crawl through a window to wake him up. At that point it was too late. They had to have the birth certificate signed to start my discharge, which they had to do to get me out of the room, which they had to do to let the next new mom in. As the great Rick James says "cocaine is a h@## of a drug"

 

[cracker]

You are right anyway, it is all irrelevant. I was just wondering because he only gets 650 dollars a month and even at 400 dollars that would wipe him out for 30 days. If the state would pay for it that would be great and if I could just sign a paper saying he is the father that would be great too. The kid does have his last name after all.

 

[CJane]

When our son was born, 4 hours before I left the hospital, they brought the "hospital birth certificate copy" (that is what the paper says, I still have a copy) in to be filled out. I told them the father wasn't there yet and to please wait until he came. I called the house over and over. His mother and my mother and 3 neighbors beat on the door to no avail. He never woke up. In fact, he took so long they came in, told me they needed the room, and made me wait outside in a wheel chair until he came with the carseat so they could check it. My mother had to crawl through a window to wake him up. At that point it was too late. They had to have the birth certificate signed to start my discharge, which they had to do to get me out of the room, which they had to do to let the next new mom in. As the great Rick James says "cocaine is a h@## of a drug"

He did not need to be present to fill out the BC. He COULD have, yes. But it's unnecessary unless your state requires the father's presence to use his name and that was your hang up.

Also? It's irrelevant.

Also? Are you saying you left the hospital w/someone under the influence of cocaine WITH YOUR NEWBORN?

 

[cracker]

No, my mom drove, and if he was sleeping then he really wasn't under the influence anymore anyway. The state obviously didn't require his presence to use his last name or my son wouldn't have it, but he never signed saying he was the father. I put his name on the hospital copy, but his signature is absent. When I got the state certified copy, all it says is Mother, and my name. And I didn't know he was doing cocaine until I caught him a couple of days later and he admitted that it was the reason he was sleeping so hard.

 

[moburkes]

No, my mom drove, and if he was sleeping then he really wasn't under the influence anymore anyway. The state obviously didn't require his presence to use his last name or my son wouldn't have it, but he never signed saying he was the father. I put his name on the hospital copy, but his signature is absent. When I got the state certified copy, all it says is Mother, and my name. And I didn't know he was doing cocaine until I caught him a couple of days later and he admitted that it was the reason he was sleeping so hard.

You can name YOUR child whatever you want - even if the dude isn't the father.

 

[Ohiogal]

Its not really a child support case, although I guess it could be. And anyway why should I have to pay for any of it at all. Im not the one who overslept the signing of the birth certificate.

Because you had a baby out of wedlock.

 

[Ohiogal]

No, my mom drove, and if he was sleeping then he really wasn't under the influence anymore anyway. The state obviously didn't require his presence to use his last name or my son wouldn't have it, but he never signed saying he was the father. I put his name on the hospital copy, but his signature is absent. When I got the state certified copy, all it says is Mother, and my name. And I didn't know he was doing cocaine until I caught him a couple of days later and he admitted that it was the reason he was sleeping so hard.

You are wrong about a few things. If he was sleeping that doesn't mean he was not under the influence anymore. And unless you are trained to tell if he is high then he could have just been tired. If you know he was high based on him being high prior to this incident, then why did you choose to be with a drug user? You cannot sign anything declaring him to be the father and have the court just agree.

 

[Humusluvr]

You are right anyway, it is all irrelevant. I was just wondering because he only gets 650 dollars a month and even at 400 dollars that would wipe him out for 30 days. If the state would pay for it that would be great and if I could just sign a paper saying he is the father that would be great too. The kid does have his last name after all.

Why should the State pay for it? The State didn't make the baby.

And why are you worried about his finances? That's his problem. You worry about your baby.

When you answer his motion, request that he pay all the costs incurred with establishing paternity/support/visitation.

Your child could be named Long John Silver. You can put whatever you want on the birth certificate. I could have named my baby Brad Pitt Jr. Doesn't mean you-know-who is actually the dad. But I could dream right? That's why paternity should be established through a DNA test. The DNA test would MOST CERTAINLY prove my dreams had not come true.