If a mother in the state of Tennessee has a baby and the alleged father sighnes the birth cert and the Volentary acknoledgment of paturnity and has moved to the state of Mississippi will the father be granted a paturnity test or has he already assumed Paturnity of the child?

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Originally Posted by mommatothem

If a mother in the state of Tennessee has a baby and the aledged father sighnes the birth cert and the Volentary acknoledgment of paturnity and has moved to the state of Mississippi will the father be granted a paturnity test or has he already assumed Paturnity of the child?

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He acknowledeged paternity as soon as he signed the birth certificate... I don't think the court would order a test... but he could go to an outside organization and pay for one privately

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Originally Posted by mommatothem

If a mother in the state of Tennessee has a baby and the aledged father sighnes the birth cert and the Volentary acknoledgment of paturnity and has moved to the state of Mississippi will the father be granted a paturnity test or has he already assumed Paturnity of the child?

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Is the father disputing paternity? There would be no Court involvement unless either party is questioning paternity, either as part of a support hearing or for some other reason. Acknowledgements can also be withdrawn, easier within usually 60 days but they can be withdrawn. DNA firmly and forever establishes paternity. The name on the birth certificate means little.

In most states ( not all) he can challenge the paternity with a DNA test if there is belief that he may not be the father. They is time restrictions in some states and also very if the couple were married or not.

But he can request one in court, and if the court will hear the case, most likely it is possible.

If he is denying paternity, and requesting a paternity test... yes he will be granted one. But at this point, legally, he is the father.

How old is the child? When did he sighn PA?
These are very important questions.

The said child is almost 5 and he sighned the paper the day she was born.

Your question is very unclear and you really didn't address some of the important questions that were asked. The law generally states that if a person signs the because and acknowledges paternity they are the legal father. Unless that person or someone else decides to challenge paternity that legality will stand.

What you need to do is explain what is going on. Is the person who signed the because now denying paternity?

I heard that in the state of Mississippi if the alleged father sighned the birth cert and was in the child's life for more than a year he has already assumed paternity and the only way to get a dna test is to pay for himself and the child's blood test is this true?

I don't have access to the specific law in MS. But that sounds very possible. As I said, if he signs the because he's acknowledged as the legal father. If he was to change that, he'll have to pay for it.

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Originally Posted by mommatothem

I heard that in the state of Mississippi if the aledged father sighned the birth cert and was in the child's life for more than a year he has already assumed paternity and the only way to get a dna test is to pay for himself and the childs blood test is this true?

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Well in Ohio, if the birth certificate is signed by a person claiming to be the father... then EITHER party later denies paternity, the person denying (ie. The mother saying he isn't the father, or the father saying he isn't the father)... whoever is petitioning, they are the one that has to pay for the paternity test.

So yes, he will have to pay for the DNA test, because he signed the birth certificate. The court can order a paternity test (that way you can't prevent the child from taking the test), but the father will have to pay for it.

Ok here is what's going on. The father of the child has been in the child's life for the past 4 1/2 years he has clamed her on his taxes and has not ever denied her until now everyone knows of him being in her life. Now the mother and father have split up and the mother has requested him to help pay for the child and he has refused so her choice is to go to child support and now all of a sudden the father is claming the child is not his.

Ok, well that really doesn't change any of the advice given.

He is more than welcome to try and deny paternity. He will have to petition that a judge order a paternity test, and he will most likely be ordered to pay for the test.
Upon the results of the DNA test, child support (and if he's smart) visitation will be set up through the courts.

There is a good possibility that child support will be ordered since at this point he is legally the father. But to avoid hassle, in the case that the DNA proves he is not the father, the courts may just wait to address anything until the results of the DNA test come in.

Why the big concern?? Is he not the biological father??

If he is, why worry with it... he is going to have be the one jumping through hoops and wasting his time and money with a DNA test, only to still be ordered to pay child support in the end.

Yes he is the father! I just don't want to be stuck paying for a test since he is the one denying paturnity.

Since he has signed the because and acknowledged her as his child, he is the legal father. If he wants to recant that, the burden of proof will be on him.

You won't have to pay for the paternity test.

He signed the birth certificate, acknowledging he was the father. Now that he is trying to deny that, he has to pay for the test.

41-57-23. Proceedings to correct birth certificate containing major deficiencies.

3) (a) A signed voluntary acknowledgment of paternity is subject to the right of any signatory to rescind the acknowledgment within the earlier of:

(I) Sixty (60) days; or
(ii) The date of a judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party.
b) After the expiration of the sixty-day period specified in subsection (3) (a) (I) of this section, a signed voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger; the legal responsibilities, including child support obligations, of any signatory arising from the acknowledgment may not be suspended during the pendency of the challenge, except for good cause shown.
THAT IS MISSISSIRRI LAW.

§ 93-9-21. Blood tests and other tests; enforcement of order to submit; notice of witnesses testifying as to sexual intercourse with mother.
1) (a) In all cases brought pursuant to Title IV-D of the Social Security Act, upon sworn documentation by the mother, putative father, or the Department of Human Services alleging paternity, the department may issue an administrative order for paternity testing which requires the mother, putative father and minor child to submit themselves for paternity testing. The department shall send the putative father a copy of the Administrative Order and a Notice for Genetic Testing which shall include the date, time and place for collection of the putative father's genetic sample. The Department shall also send the putative father a Notice and Complaint to Establish Paternity which shall specify the date and time certain of the court hearing by certified mail, restricted delivery, return receipt requested. Notice shall be deemed complete as of the date of delivery as evidenced by the return receipt. The required notice may also be delivered by personal service upon the putative father in accordance with Rule 4 of the Mississippi Rules of Civil Procedure insofar as service of an administrative order or notice is concerned.
(c) In any case in which the Department of Human Services orders genetic testing, the department is required to advance costs of such tests subject to recoupment from the alleged father if paternity is established. If either party challenges the original test results, the department shall order additional testing at the expense of the challenging party.


(2) The court, on its own motion or on motion of the plaintiff or the defendant, shall order the mother, the alleged father and the child or children to submit to genetic tests and any other tests which reasonably prove or disprove the probability of paternity.

Quote:

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Originally Posted by mommatothem

I heard that in the state of Mississippi if the aledged father sighned the birth cert and was in the child's life for more than a year he has already assumed paternity and the only way to get a dna test is to pay for himself and the childs blood test is this true?

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I think I'd call Family Court in Mississippi and find out for sure - anyway, even if the father has to pay for the DNA testing (of himself and the child) it would be less expensive in the long run than paying support for years and years for a child that is not... his.