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Robdiangelo
Dec 8, 2012, 10:41 AM
I am a father of a 2 year old son, but the mother did not put me on the birth certificate. She does not allow me to see my son and every time I try to see him, she moves to an unknown address and puts a VRO on me under false pretenses. I have tried going through the courts to get a DNA test done but the case keeps being adjourned due to the mother making excuses not to appear in court. I want to see my son and take on my father duties but I'm not sure what the best way to go about this. Any advice/help you can offer would be greatly apprieciated. Thank you

ScottGem
Dec 8, 2012, 12:20 PM
Do you have an attorney? I can't understand how someone can keep postponing a case for two years.

The best way is to get an attorney to make sure she doesn't get away with false police reports and postponements. The first step in this process is to force DNA testing. Do you know who the pediatrician is? You may be able to get a court order requiring the child's pediatrician to take a DNA sample for submission.

But the bottom line is you need a court order declaring you the legal father. Until you get that you are in limbo. A good lawyer should be able to point out to the court that the mother keeps thumbing her nose at the courts and get them to issue a warrant for her so the police can arrest her and force the testing.

Once you get declared the legal father, you can get the court to setup a visitation schedule. And again, if she refused to adhere to it, you can have her cited for contempt of court.

This will not be easy, but you have to be willing to fight and it can be costly.