I filed for legal and sole custody for my child. Local child suppoort agency is handling the child support for me in a separate pleading. I served the military member with summons and complaint- he never responded. I applied for court appointed attorney which was granted before I can default him. We have court date in 90days for default judgment ( hopefully) if he doesn't SCRA up. My question is he has not cooperated whatsoever, not even a phone call. I filed for uniform parentage act does this mean that if he defaults by not showing up or acknowleging the court he will be persumed the father by the courts? I did not file for paternity test thus he didn't contest eithier as he is not cooperating. He rather pretend we never existed and yes he is the father. How do judges determine parenatge without a DNA or acknowlegement and will he beable to use SCRA if he is active duti but a no disrespect a military cop on base in USA who lives 40 minutes from the court house? Thank you in adavnce and I apperciate any advice given, as I am a single mother working 2 jobs to support our child.

Is he named on the birth certificate?

If not he cannot be named the father unless there is a DNA test. The Court will ORDER him to appear for appropriate testing. No, he will not be presumed the father. You want this resolved now, not some years down the road.

It appears he has 90 days to respond. When was he served?

Your Attorney is the person to ask these questions because he/she has specific knowledge in your particular State.

Quote:

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Originally Posted by babylove71

I filed for uniform parentage act does this mean that if he defaults by not showing up or acknowleging the court he will be persumed the father by the courts? I did not file for paternity test thus he didnt contest eithier as he is not cooperating.

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You are mistaken. The UPA/ Uniform Parentage Act/ is not recognized by all states. Other states have their own versions of UPA.

Where the father has not acknowledged the child, paternity must be established in court or administratively. The degree and the kind of required proof depends on the purpose for which it is used, and the State law involved.

Quote:

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Originally Posted by babylove71

Local child suppoort agency is handling the child support for me in a seperate pleading. I served the military member with summons and complaint- he never responded... I filed for uniform parentage act ... I did not file for paternity test thus he didnt contest eithier as he is not cooperating.

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Hmmm... something wrong here:confused: You filed for UPA but you did not file for paternity determination?


There are two types of suits available for establishing paternity:
(1) attorney general initiated paternity suits and

2) private paternity suits.

The steps involved for a female when filing

Suit with the Attorney General's Office generally include:

a) Application process: Call or visit the Attorney General's Office of the state where you live for an application. The female must provide
The father's name, social security number, and home address. Upon receipt of the application, the Attorney General's Office will author
The petition to establish a parent-child relationship and file it with the Court on behalf of the mother
b) Father's responses: The father has 3 choices.

i. Admit: to do so, the alleged father signs a document called an Acknowledgement of Paternity (sometimes called an Affidavit of
Paternity).

ii. Deny: when paternity is denied, the Attorney General's Office will get a court order to set up a DNA test. The Attorney General will mail
A DNA test notice to the alleged father stating an appointment date, time, and place.

iii. Default: if the alleged father has proper service of the petition (i.e. the sheriff or private agency personally gives the alleged father the
Paper, or it is mailed by certified mail and the father signs for the papers), then the alleged father has proper notice of the suit. If he
Does not admit or deny the paternity, the court will grant a default to the petition, which usually includes establishing a parent-child
Relationship and establishing support obligations.

One other issue here. The military does not like its members dodging the law. And SCRA only gives them a postponement.

I would have your attorney. Contact his commanding officer or the legal office on the base and ask for their help in resolving your case.

Thank you all it's so frustrating. He is going to be deployed early next month. The reason I didn't ask for paternity test was that I didn't question it but in my statement I stated I would submit one if he contested it, he need only cooperate. I filed a separate pleading for child support because honestly they were taking to long so I got the ball rolling in my own case. I was not able to get any help through the military as I am a civilian. I would just like him to stop ignoring this and cooperate our son deserves what he is legally entitled too, my worry is that it could be years till we see a dime. I would like to beable to quiit one of my jobs and spend more time with our baby as I am playing the mom and dad role. Thanks.

Sounds like you've done everything you can do and now it's a sit and wait game.

I am surprised that the military will not assist you because you are a civilian. Maybe the military should be reminded of public image and personal responsibility.