I moved almost 2 months ago from one state to another state with my 3 month old baby. My boyfriend who is not the father took responsibility for the baby and signed the birth certificate when she was born. Now the biologically father went to court and wants a dna test done. He doesn't know that my boyfriend decided to take responsibility to be the father for this baby cause the biologically father did not want anything to do with her. I guess he changed his mind and now wants a dna test. Do I have to do a dna test? Also my mother received a court hearing letter for me but since she didn't know where I was staying at she sent it back and put a note that said "she doesn't live here anymore". She got a call a couple days ago saying that the biologically father is paying a lawyer and there is another court date scheduled. She told them that she didn't know where I moved to and didn't have no way to get in contact with me either. What will happen next? My boyfriend (the legal father) of my baby doesn't want to lose her. He loves the baby and is a great father all together...

He still is not the baby's biological father. Yes, your ex can compel you to have a DNA test, and regardless of who signed the birth certificate, he has rights and responsabilities. In fact, I wonder what the legal situation is with your current boyfriend signing the birth cert when he knows he is not the father.

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Originally Posted by anonymous2010

... What will happen next? ...

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Your child's father will have to continue to attempt to serve you with process.

Until the court acquires jurisdiction over you by serving you with process, nothing can happen. He might conceivably get the court to authorize service by publication, but even then it's a matter of acquiring proof of paternity before an order can be issued.

Evidently you are in contact with your mother? Telephone or mail? If I were his attorney, if cost were no object, and if I knew what you have told us, I would

• seek to take your mother's deposition; and
• seek a subpoenas requiring your mother's cell phone provider to provide records.

He can, with enough effort, probably track down you or your boyfriend. Simply takes a resourceful P.I.

So your boyfriend committed fraud and signed a legal document knowing he was not the father and you allowed and was part of it. ( does that sort of say it all)

And now the real bio father wants his legal rights to the child.

He will have to get the proper court and proper order, but yes of course he can force a DNA test, and depending on the state and location, most likely get his rights given back to him from the deception you have done.

In fact if he can also prove you knew he had to be the father and knew the other man was not the father ( somehow has evidence of this to present to court) it could seriously hurt your case in custody of the child

So If I was your attorney, I would have you go to court and get the DNA test done, and correct the legal errors you made before it gets really out of hand.

At the time my boyfriend or I knew the situation but thought it was my boyfriends cause of the skin color of the baby