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I've just found out my dad is not my biological dad, my biological father has asked for a dna test as he is disputing I am his after csa have demanded money off him... neither me or my mother want anything to do with him nor does he want anything to do with me.. can I refuse to do the test at 14 (nearly 15) years old
No.. at 14 you have no legal authority to make those sorts of decisions... You don't get to do that until after you turn 18.Quote:
Originally Posted by angielisha
And all he has to do is get the court to order it and your mom can't say anything either. If he is expected to pay child support.. he has the legal right to determine if he is actually the father before being forced to pay.
The only way you might be able to avoid this is if your mom drops the child support case. And she may not be able to do that.
My mum hasn't ask for it, they have been trying to get hold of him for all my life... my mum works and doesn't claim benefita apart from when I was younger for 2 years... he was named as my dad on forms and now because they want thousands of pound off him he denying I'm his...
And if they are after him for money.. he has the right to prove he's not your father or he will owe that money. Anyone can put a name on a piece of paper... DNA proves positively if he is or isn't the father.
So your mum claimed benefits at one time. Therefore the government wants to be reimbursed for what they paid. He doesn't want to pay so wants a test to confirm paternity before he has to pay. Common situation and you can do nothing about it if a court orders you to submit a sample.
I have a confession... I am not 14 years old I am the mother I just wanted to see if she had the right to refuse... she doesn't even know any of this yet as I don't know how to break it to her the man she thought was her dad isn't... she has her exams next year could I be able get the csa hold off until then so not to mess her head up whilst concentrating on her exams then I could tell her after then an get the tests done
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Originally Posted by angielisha
When you play games you lose my interest really quickly. Well, at least you "confessed."
So what is the story - she does or doesn't know who her father is. You did or didn't collect benefits from the Government?
The Government has the right to be reimbursed. No, you can't refuse permission for her to have DNA testing. It's not in your hands.
She doesn't know her biological father... she thinks her dad is her dad knows no different... when I was out of work back in 1999 till 2001 I claimed income support till I got back in work they asked for her fathers name then an I told them all the details.. never once claimed for child support wanted nothing from the man who told me to get rid of it when I told him I was pregnant , my daughter is 15 in a few weeks and 2 weeks ago I got the request for dna test... they are trying to get money off him from when she was born until now but surely then could only get for when I was on I/s
I spoke to my doctor to see if the tests could be done with out her knowing what they are for but they said because she is 14 they legally need to tell her why they are testing her... so couldn't even do it without her knowing the truth... once these have been done and I am willing to do them he won't want nothing do with her and vice versa so I want to prolong it till after her gcse's if that would be possible she does them next yearQuote:
Originally Posted by angielisha
It is probable that when you were approved for support they entered a child support order on your behalf. They finally found him and are trying to collect on that order. Your daughter is entitled to that money. And at almost 15, should should be mature enough to handle this. Maybe more mature than a mother how has to play games to get an answer. Our answer would have been the same whether you are the mother or daughter. There was no need to use a subterfuge.
I know I was wrong for misleading, but was trying to get an answer on whether she could refuse, I am worried of the shock effecting her grades an wanted to refuse myself until her exams wer over with but on reading up on it found a child over 14 had the right to refuse.. so was trying to find out weather this was true at that age or still down to the mother. Obvs for her to refuse shed of have to know the situation and in which case after being told the truth whether she has a dna test of not is still the same outcome of her world being turned upside down. I know it inevitable I am going to have to sit down and tell her the truth sooner rather than later just wonder if the csa or courts would understand why I want to prospone for 12 months
I only want wots best for my child
The child has no choice what so ever, the parent ( mother) will receive a court order to provide the child for the test by a certain date. If the mother does not get the test done,the mother will be held in contempt and would either be fined or put in jail till she complies with the court order
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Originally Posted by angielisha
Best for your child would have been to tell her the truth many years ago. Now the only thing you can do is tell her the truth now.
I will add she needs to know the truth and the sooner the better at this point, what if someone calls her or tells her at school that found out. Someone perhaps has a family member that works in the court. If she hears it from someone else, you could lose all trust with them for decades to come. I would take them aside and tell them NOW,
I suspect you misunderstood what you read. If a court orders her to be tested, neither you nor your daughter have the right to refuse. Can you give me a link to where you found what I believe to be erroneous information?Quote:
Originally Posted by angielisha
I am interested in it,too.Quote:
Originally Posted by AK lawyer
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