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My son has a dad and now the biological dad came out of da blue and wants a dna test?

Asked Apr 30, 2009, 04:58 PM — 5 Answers
When I was five months pregnant my sons dad abandoned me and started denying my son, I started dating someone else who didn't care that I was pregnant he still chose to love me and be with me, he even had a few words with the loser when I was eight months pregnant and needed things for the baby and told him he should be in his sons life but the loser and his mom said the baby wasn't his and that they wouldn't help me. My boyfriends family helped me take care of my son and he played the father role, my son is going to be two in june and loves him to death he's the only dad he knows. Now all of a sudden the loser wants to petition a dna test and had me served with court papers. I heard I can petition for his rights to be terminated since he doesn't do anything for my son or comes to see him for that matter, we tried to let him see the baby after he was born but he showed no type of careness for him, its now been over a year since he last had contact with him, how can I go about terminating his rights? Also my boyfriend wants to sign the voluntary acknowledgement of paternity, I don't want the loser in my sons life at all he smokes marijuana, has been arrested multiple times for stealing cars and we have a domestic violence issue pending seeing as he assaulted me about a month ago, WHAT CAN I DO? HELP!

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5 Answers
collinsmom's Avatar
collinsmom Posts: 46, Reputation: 10
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#2

Apr 30, 2009, 05:19 PM
Get a lawyer asap. It sounds like he is a very controlling person and it's just another way to get at you. He should not be able to pick and chose when he comes into this child's life. And, if he is really want to do a DNA test, fine...tell him once the results come in, you will be seeking child support. It's way overdo!
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shelldellz11's Avatar
shelldellz11 Posts: 5, Reputation: 1
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#3

Apr 30, 2009, 05:24 PM
I don't care about getting child support money I just don't want him around my son period. I want to know how to get him out of our lives once and for all.....
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,624, Reputation: 37036
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#4

Apr 30, 2009, 05:35 PM


He had no reason to be around, he does not know this is his child for sure ( legally) there is no custody order, no child support order, so there is no terminating his rights since his rights were never established.

But yes he can ask for a DNA tests and get one though the courts, now you though your attorney may ask for him to be drug tested, you may submit into evidence any prison or jail time he has done. It is very likely that he will still get at least supervised visits.

And you have to remember, for some reason he has changed his mind and wants to be in his sons life. While you may not want it, he has a legal right to be part of his sons life if he wants to.
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shelldellz11's Avatar
shelldellz11 Posts: 5, Reputation: 1
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#5

Apr 30, 2009, 05:40 PM
So basically this loser can be around my son being a woman beater and all........ I don't care if he's trying to be in his life now he's a bad influence
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Synnen's Avatar
Synnen Posts: 7,882, Reputation: 12354
Expert
  
#6

May 1, 2009, 05:16 AM


Basically, YOU did things wrong from the get-go.

YOU should have had him served with a DNA test to get child support. YOU should have been trying to get child support enforced for the last 2 years. YOU should have had a custody order in place that determined that his visits could only be supervised, if he got them at all.

YOU need a lawyer, because you seem to think that just because the child is in your possession that you can determine what is legally and morally right to do.

If the guy is THAT bad, then start gathering evidence to deny him custody.

Getting your boyfriend to sign an acknowledgment of paternity would be perjury--and illegal. Don't stoop to that level.


Get a lawyer.

Get married (you ARE planning on getting married, right?) because most states require that you be married a specific amount of time before a stepparent can adopt.

If it's TRULY in your child's best interest to not have anything to do with the biological father, then you'd better have a GOOD lawyer who can prove it in court.
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