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-   -   My son (https://www.askmehelpdesk.com/showthread.php?t=675175)

  • Jun 25, 2012, 03:50 PM
    Shanang
    My son
    His dad won't see him says he wants to see him with out me which is not happing an I've told him is not having a d an a test
  • Jun 25, 2012, 03:52 PM
    ScottGem
    Is he the legal father? Is he on the birth certificate or signed an acknowledgement of paternity? Is he refusing a DNA test or are you?

    ANY question on law needs to include your general locale as laws vary by area.
  • Jun 25, 2012, 03:59 PM
    Shanang
    Quote:

    Originally Posted by ScottGem View Post
    Is he the legal father? Is he on the birth certificate or signed an acknowledgement of paternity? Is he refusing a DNA test or are you?

    ANY question on law needs to include your general locale as laws vary by area.

    he's not on his birth cert my son was two in may his dad only made contact on the 19/0312 everything was okay till is ex started I've said no to the test as its an insult . His family an him a strangers to my son he wouldn't stay with out me anyway can a judge make my have the test done?

    Sorry yes he is is really dad
  • Jun 25, 2012, 04:04 PM
    ScottGem
    Yes a court will grant him a test. And if the test is positive and you have refused him visitation the court will not look kindly at it.

    You should be going after him for child support.
  • Jun 25, 2012, 04:10 PM
    Shanang
    I don't want it to go to court we get on okay it's this girl an he is been stuben I've asked him to come to my house he has refused what if I don't go to court? I haven't stopped him he said he wants to see him with out me I've said no his not on his birth cert either
  • Jun 25, 2012, 04:11 PM
    Shanang
    Quote:

    Originally Posted by Shanang View Post
    I don't want it to go to court we get on okay it's jst this girl an he is been stuben iv asked him to come to my house he has refused what if I don't go to court? I havnt stopped him he jst said he wants to see him with out me I've said no his not on his birth cert either

    I don't want his money I would rather it chock him plus he works cash in hand don't pay tax
  • Jun 25, 2012, 04:21 PM
    Shanang
    Sorry still waiting for an ans
  • Jun 25, 2012, 04:30 PM
    GV70
    Quote:

    Originally Posted by Shanang View Post
    what if I don't go to court?

    Then you will be forced by Court order to go.
    [QUOTE=Shanang;3168093] can a judge make my have the test done?QUOTE]
    Yes, of course!
  • Jun 25, 2012, 04:34 PM
    Shanang
    [QUOTE=GV70;3168147]Then you will be forced by Court order to go.
    Quote:

    Originally Posted by Shanang View Post
    can a judge make my have the test done?QUOTE]Oh really I didn't knw that he can't make me leave my son with his dad on his on tho can he? An this can all be done even tho his not on his birth cert
    Yes, of course!

  • Jun 25, 2012, 04:37 PM
    GV70
    I am more than sure that if he files in Court for paternity determination, a DNA test will be granted. There is something that is called Public policy and that Public policy requires a child to have a father and to be supported by two parents.
  • Jun 25, 2012, 04:42 PM
    Shanang
    Quote:

    Originally Posted by GV70 View Post
    I am more than sure that if he files in Court for paternity determination, a DNA test will be granted. There is something that is called Public policy and that Public policy requires a child to have a father and to be supported by two parents.

    I want him to see him but not with out me, and I don't want to go to court has its not nice for my son ,he his been Steuben there really is no need for it thank you though
  • Jun 25, 2012, 04:49 PM
    GV70
    Quote:

    Originally Posted by Shanang View Post
    I want him to see him but not with out me, and I don't want to go to court has its not nice for my son ,

    Then you can try to work with him together. He shall sign Paternity acknowledgment and to have some contact with the child. If he wants overnights then he will have to file for physical custody rights and to prove in court that it is in the child's interest him to have possession for the wished time. I am in doubt that a judge will give him overnights when the child is still a baby.
  • Jun 25, 2012, 04:53 PM
    Shanang
    Quote:

    Originally Posted by GV70 View Post
    Then you can try to work with him together. He shall sign Paternity acknowledgment and to have some contact with the child. If he wants overnights then he will have to file for physical custody rights and to prove in court that it is in the child's interest him to have possession for the wished time. I am in doubt that a judge will give him overnights when the child is still a baby.

    well he drinks about 20 cans a night so I wouldn't want that so does that mean I lose my rithgts or though I'm the one who has raised him so far?
  • Jun 25, 2012, 05:00 PM
    GV70
    Quote:

    Originally Posted by Shanang View Post
    well he drinks abt 20 cans a night

    Hahahahaha- Me,too!

    Quote:

    Originally Posted by Shanang View Post
    so does that mean I lose my rithgts or tho I'm the one who has raised him so far?

    There are two types of custody-legal/ means having the right and the obligation to make decisions about a child's upbringing. / and physical/ means that a parent has the right to have a child live with him or her./
    The custody can be sole and joint.
    The courts usually grant joint legal custody and sole physical custody to one parent with visitation rights to the non-custodial parent.
  • Jun 25, 2012, 05:04 PM
    Shanang
    Quote:

    Originally Posted by GV70 View Post
    Hahahahaha- Me,too!



    There are two types of custody-legal/ means having the right and the obligation to make decisions about a child's upbringing. / and physical/ means that a parent has the right to have a child live with him or her./
    The custody can be sole and joint.
    The courts usually grant joint legal custody and sole physical custody to one parent with visitation rights to the non-custodial parent.

    Okay thank you for yr help please god it won't come to that if he don't know where I live an I don't get the court letter an don't turn up then I won't get in trouble will I? Only because I'm moving soon
  • Jun 25, 2012, 05:09 PM
    GV70
    It is not so easy .
  • Jun 25, 2012, 05:11 PM
    Shanang
    Quote:

    Originally Posted by GV70 View Post
    It is not so easy .

    Sorry what's not? You have lost me
  • Jun 25, 2012, 05:16 PM
    ScottGem
    Quote:

    Originally Posted by Shanang View Post
    Okay thank you for yr help please god it won't come to that if he don't know where I live an I don't get the court letter an don't turn up then I won't get in trouble will I? Only because I'm moving soon

    You keep digging a deeper hole for yourself. If you ignore a court summons, that will be big trouble for you. If you hide the child from him, that can get you in big trouble as well.

    If he files in court before you disappear then you can be prosecuted for parental kidnapping.

    It comes down to this. You chose to have sex with him. If he was good enough to drop your pants for, then why isn't he good enough to be a father. You made that decision and now you have to live with it for the rest of your son's life.

    Your son is entitled to a father and a father's financial support. The courts will rule that way. The more you interfere with his rights, the more sympathetic to him the courts will be. So your best bet is to file for child support and full custody. If he applies for visitation you request supervised visitation. Your best bet is to get his rights narrowly defined by a court.
  • Jun 25, 2012, 05:23 PM
    Shanang
    Quote:

    Originally Posted by ScottGem View Post
    You keep digging a deeper hole for yourself. If you ignore a court summons, that will be big trouble for you. If you hide the child from him, that can get you in big trouble as well.

    If he files in court before you disappear then you can be prosecuted for parental kidnapping.

    It comes down to this. You chose to have sex with him. If he was good enough to drop your pants for, then why isn't he good enough to be a father. You made that decision and now you have to live with it for the rest of your son's life.

    Your son is entitled to a father and a father's financial support. The courts will rule that way. The more you interfere with his rights, the more sympathetic to him the courts will be. So your best bet is to file for child support and full custody. If he applies for visitation you request supervised visitation. Your best bet is to get his rights narrowly defined by a court.

    I'm not diss aspiring I'm being a house in this country he doesn't need to know where it is ! He didn't want to know his son for the first two yrs so are you saying I should go to court first then or what this is getting very confusing
  • Jun 25, 2012, 05:26 PM
    GV70
    Quote:

    Originally Posted by Shanang View Post
    this is getting very confusing

    No. That's the way the system works in the USA.
    The children are not viewed as properties.

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