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    jrichards2355's Avatar
    jrichards2355 Posts: 1, Reputation: 1
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    #1

    Nov 24, 2008, 02:48 PM
    On Indiana Birth Cert. but may not be bio dad and mom has left son with me.
    My ex had a baby while we were together and I'm on the birth certificate, but no paternity test. My ex has always stated that I may not be the biological father, but I'm the only dad my son has ever known (he's 3 now). My ex left when my son was around 3 months old, but pops up from time to time to visit - nothing regular. She's now been gone for about 4 months, but continues to post on her Facebook and myspace that she wants to be involved, but I won't let her, when in fact I would love for her to be involved on a regular basis. My ex continues to threaten to take my son away and since I may or may not be the biological father there seems to be nothing I can do to stop her if she ever did want to take him away. My question is what legal rights do I have if any?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 24, 2008, 02:56 PM

    First you have the child, get a DNA test then you will know and know what to do
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #3

    Nov 24, 2008, 03:14 PM

    If you are the father on the because meaning she put you on and you signed then you are the legal father. If you didn't think you were the father you should have gotten the test done when he was first born. Have you gone to court to have custody legally established? You could have also gotten a support order so the mother would pay support. You can still have the DNA test done now just keep in mind that that means you may loose him (if she is granted one through the court you would anyway). But if you haven't gone to court yet for custody and you want to you can start there.
    cjonline's Avatar
    cjonline Posts: 217, Reputation: 19
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    #4

    Nov 25, 2008, 10:17 AM

    I might make some people unhappy for saying this but I feel I should.

    If you think about this child being taken away from you every day and it's stressing you out then get the test done. At least you know how to fight her then and you will know where you stand when it comes to the legal battle ahead.

    If the test proves you are the father then you can shout it from the roof. And the added benefit is that it will shut her up and you can feel better about her not being able to take him away for that reason. You'll know how to fight and can focus on the child better.

    If it proves you are not the father then you can always keep the results to yourself and keep fighting her other ways until she forces a test through the courts. She may never ask for a test, she may just be putting that in your mind to hurt you or shake you up. And it's working, right.

    IMO you should have the test done ASAP.
    cunfuzed's Avatar
    cunfuzed Posts: 140, Reputation: 2
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    #5

    Nov 25, 2008, 10:35 AM
    Quote Originally Posted by stinawords View Post
    If you are the father on the b/c meaning she put you on and you signed then you are the legal father. If you didn't think you were the father you should have gotten the test done when he was first born. Have you gone to court to have custody legally established? You could have also gotten a support order so the mother would pay support. You can still have the DNA test done now just keep in mind that that means you may loose him (if she is granted one through the court you would anyway). But if you haven't gone to court yet for custody and you want to you can start there.
    Until a DNA test proves otherwise. You would not want mom coming around in monhts or years and a test proves you are not the father. Get a home DNA test and start there. If you are the father, file for custody of the child and have proof you have been the primary caregiver. If you are not the father, then apply for guardianship of the child if its possible, but prepare for other family member to possibly want to chime in. In any case, stop letting the worry intefrere with your relationship with the child. Apparently, mom has no interest in being mom.
    liz28's Avatar
    liz28 Posts: 4,662, Reputation: 1034
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    #6

    Nov 25, 2008, 10:54 AM

    A home DNA test holds no weight in court and a DNA test must be done through the courts in order for it to be acknowledge by a judge.

    Right now you are the father because for whatever reasons you signed the paternity acknowledgement. If you want a DNA test you should try to get one asap because some states have a time frame on when you can't request one and if you lose your chance you will be responible for that child no matter if it isn't yours.

    Also, as soon as she left him you should've went to court but it's never to late for that.
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