Hello, I'm new here. I am not a lawyer and don't know enough about what I am going through. My fiance' has a child of one year old and has just been sued for child support. We can not afford a lawyer... it's just that simple. She has free legal aid and we just want to know for sure that she is his daughter because he found out that she slept with his brother and at least 3 others at that time. We have been buying diapers and clothing since birth but now with the suit we really want to know for sure. In the answer to the suit, I requested paternity testing but, do I need to file a motion with the court or is requesting good enough? Also, can I file the motion if needed, during the hearing for temporary orders or do I have to wait for the main hearing? Also, is there any good place to find info on how to conduct myself in court? Ex... when to file motions, what I can say and when... I am lost. I have searched online for long periods and I don't get very far. I am just tired and I need help and I know this is very important to our future and hers. Thank you for any help. alethea

Since we can not give direct legal help, that would be practicing law, I will try to do this in general.

First go and talk to the clerk in the judges office, maybe they will tell you what to do. Write a letter with all the case info on the top left,
(so and so) vs ( so and so)

In that you ask the court to order a test to determine if the defendant is indeed the father of the child.

If the clerk won't accept it, check the phone books and see if there is a paralegal service in your area that can do the form in the correect format.

Some judges have little requirements for motions, others want them to be in specific font types, and so on,

You and submit the motion, along with a motion to continue the case pending the test results. ( you file the motion with the court clerk)
If the judge wishes they will then call for a hearing on your motion, or merely sign the motion and order the test without a hearing on it.
( of course they can appeal the test without a hearing, and so on)

You really, really need an attorney, get a second job, borrow some money, something,

In court, just be polite and honest, and talk direct to the judge,
Also you can go to the count and review other case files and find similar cases where you copy the motions they used and use the format.

To add on:

This is your fiance's responsibility, not yours. As much as you want to help, he needs to be the one doing everything. In fact, technically and legally, I don't believe you have any standing in this case.

In court, your role is to sit in the first row behind him and look solemn. Dress seriously. No short skirts, no flashing cleavage, minimal jewelry, minimum makeup. You don't want to be saying *anything* unless first asked by one of the attorneys or by the judge. You can't stand there casting accusations on behalf of your fiancé. It will not help him if it looks as if you instigated this.

In order for the court to order him to pay child support a paternity test must be done. The court will order it, but unfortunately probably at his expense. If you cannot afford a lawyer then you should try to secure free legal aid for yourselves just as she's done. Also your state should have a website for its court system where you can get information as to what to expect, how to prepare yourself, forms to download, etc. If you can't afford to hire a lawyer, at least try to get an initial, low-cost consultation with one who has experience with family law. Your county's lawyer referral service can recommend someone. They can be found in the phone book or on line.

How to file a motion for paternity test?