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-   -   Can a judge force me to allow a DNA test on my child? (https://www.askmehelpdesk.com/showthread.php?t=658076)

  • May 7, 2012, 11:50 AM
    ams518
    Can a judge force me to allow a DNA test on my child?
    My ex boyfriend has been harassing me everyday since he found out I was pregnant. He is not the father we were broken up for 2 months before I got pregnant. He keeps claiming he is the father of my child. Will a judge demand me to give him a DNA test without being on the birth certificate? I do not want to have to DNA test my baby all over an obsessive ex?
  • May 7, 2012, 12:23 PM
    cdad
    Yes if he files for it they will ask you to participate and if you don't they can put you in jail until you do.
  • May 23, 2012, 12:47 PM
    Boodles
    Actually no, you cannot be thrown into jail until you agree to a DNA test. That is an awful response! I am going through something very similar right now and am looking into my rights. I believe that if the 'father' truly believes he's is the father, he can get a court order, but I also believe that as the mother you are able to somehow delay this... somehow (I need to find out more information on this). It will cost him a lot of money to go through the courts. I also know that the Child's Rights are taken into account more so than the mothers so if this guy is abusive and violent etc, a court may not see him fit to be a father and therefore deny the court order. On the other hand they may say that every child has a right to know their father which is fair on the one hand, but if these people making these life changing decisions had to lve with an abusive, violent, drug dealing partner, they may not feel the same.

    Good luck with everything.
  • May 23, 2012, 01:19 PM
    cdad
    Quote:

    Originally Posted by Boodles View Post
    Actually no, you cannot be thrown into jail until you agree to a DNA test. That is an awful response! I am going through something very similar right now and am looking into my rights. I believe that if the 'father' truly believes hes is the father, he can get a court order, but I also believe that as the mother you are able to somehow delay this....somehow (i need to find out more information on this). It will cost him a lot of money to go through the courts. I also know that the Childs Rights are taken into account more so than the mothers so if this guy is abusive and violent etc, a court may not see him fit to be a father and therefore deny the court order. On the other hand they may say that every child has a right to know their father which is fair on the one hand, but if these people making these life changing decisions had to lve with an abusive, violent, drug dealing partner, they may not feel the same.

    Good luck with everything.

    Do you have any proof whatsoever that violating a standing court order won't land you in jail??
  • May 23, 2012, 01:31 PM
    AK lawyer
    Quote:

    Originally Posted by ams518 View Post
    ... I do not want to have to DNA test my baby all over an obsessive ex?

    You do understand that it's not that big of a deal (i.e.: "invasive", or painful for the baby) ? Saliva swab is all it is.
  • May 23, 2012, 01:31 PM
    michael175
    I've had a DNA test done and only just recently met my real father and yes they can order it to happen and my father didn't have a choice but he did refuse to start with but I'm in england so it might be different in other countrys
  • May 23, 2012, 01:32 PM
    Synnen
    Quote:

    Originally Posted by Boodles View Post
    Actually no, you cannot be thrown into jail until you agree to a DNA test. That is an awful response! I am going through something very similar right now and am looking into my rights. I believe that if the 'father' truly believes hes is the father, he can get a court order, but I also believe that as the mother you are able to somehow delay this....somehow (i need to find out more information on this). It will cost him a lot of money to go through the courts. I also know that the Childs Rights are taken into account more so than the mothers so if this guy is abusive and violent etc, a court may not see him fit to be a father and therefore deny the court order. On the other hand they may say that every child has a right to know their father which is fair on the one hand, but if these people making these life changing decisions had to lve with an abusive, violent, drug dealing partner, they may not feel the same.

    Good luck with everything.

    If you chose to have a relationship and sex with an "abusive, violent, drug dealing partner", then have a child with that person, they actually most certainly DO have a right to file in court to see their child. After all, choosing that person as the other half of your child's DNA makes YOUR reasoning questionable as well.

    In ANY case, the CHILD has a right to know who their parents are, if for no other reason than to have access to medical history.

    And I don't know of any situations where violating a court order because YOU feel like you know better than the courts won't get you punished in some way---and jail is a pretty common punishment.
  • May 23, 2012, 04:36 PM
    Synnen
    A child has the right to know their heritage. Would I allow MY child around such a person without supervision? NOPE! But I wouldn't deny that person a DNA test, I wouldn't deny my child the right to know his heritage, and I wouldn't BREAK THE LAW to try to forget that I ever had a relationship with the creep.

    Pretty good argument for NOT sleeping with someone and NOT getting pregnant until "several months after you are together" so that you don't end up in that situation, no? Still seeing poor judgment there--sorry, but I am. If you don't know someone well enough to know that he's doing DRUGS, why the heck are you having sex with him?

    Either way, the LAW says the child has a right to know his or her background. Just because you'd like to wipe out all memory of the guy doesn't mean he doesn't have rights until you PROVE that he is a danger to the child and have his rights taken away on those grounds. But until you PROVE it, he has as many rights as you do.

    PS--if the law were "fair", then men could control abortions, women wouldn't have to worry about a glass ceiling, and gays could get married everywhere. The law is the LAW---there's nothing in there about it being FAIR.
  • May 24, 2012, 02:16 PM
    desonos
    Quote:

    Originally Posted by Boodles View Post
    Actually no, you cannot be thrown into jail until you agree to a DNA test. That is an awful response! I am going through something very similar right now and am looking into my rights. I believe that if the 'father' truly believes hes is the father, he can get a court order, but I also believe that as the mother you are able to somehow delay this....somehow (i need to find out more information on this). It will cost him a lot of money to go through the courts. I also know that the Childs Rights are taken into account more so than the mothers so if this guy is abusive and violent etc, a court may not see him fit to be a father and therefore deny the court order. On the other hand they may say that every child has a right to know their father which is fair on the one hand, but if these people making these life changing decisions had to lve with an abusive, violent, drug dealing partner, they may not feel the same.

    Good luck with everything.

    If it's a court order, then yes not following a legal and binding order from the court can and will result in jail time. (mind you not a Felony or high misdemeanor or such). But a fine and maybe the option of a week-month in jail or the mandatory court ordered Pat test. So just take the test and get it over with. What are you afraid of?
  • May 24, 2012, 02:38 PM
    Fr_Chuck
    Normally if the parent does not present the child for a test, they will be held in contempt of court, the judge has the right to fine them, and order them to bring the child again, or to have the parent placed in jail till the test is done.
  • Sep 23, 2012, 04:38 PM
    bella987
    I separated from my ex when our child was five months old, our child is nearly 4 now and has never had regular contact with his father. I have a new partner that is brilliant with my son, we are now expecting another baby. My ex partner has recently sent a few messages to my boyfriend telling him that the baby I am expecting is probably not his as me and him were sleeping together around the time I conceived, and that he will be taking me to court for a DNA test once the baby is born.
    Everything he has said is a pack of lies, I have a restraining order against him for domestic violence, he has been found guilty on two occasions and had a prison sentence and community service. He knows there is no chance that the baby could be his, he is just doing this to get at me.
    Is there anything I can do to stop this going to court as he is only doing it to harass me and my partner.
  • Sep 23, 2012, 06:33 PM
    cdad
    Quote:

    Originally Posted by bella987 View Post
    i separated from my ex when our child was five months old, our child is nearly 4 now and has never had regular contact with his father. i have a new partner that is brilliant with my son, we are now expecting another baby. my ex partner has recently sent a few msgs to my bf telling him that the baby i am expecting is probably not his as me and him were sleeping together around the time i conceived, and that he will be taking me to court for a DNA test once the baby is born.
    everything he has said is a pack of lies, i have a restraining order against him for domestic violence, he has been found guilty on two occasions and had a prison sentence and community service. he knows there is no chance that the baby could be his, he is just doing this to get at me.
    is there anything i can do to stop this going to court as he is only doing it to harass me and my partner.

    If he generates a court order for a DNA test then there is nothing to worry about as from what your saying the child can't possibly be his. You will have the proof you need to move on.
  • Mar 4, 2013, 06:54 AM
    lunareclipse
    If you chose to have a relationship and sex with an "abusive, violent, drug dealing partner", then have a child with that person, they actually most certainly DO have a right to file in court to see their child. After all, choosing that person as the other half of your child's DNA makes YOUR reasoning questionable as well.

    What judgemental people we have on here, do you not realise people can change or hide their true colours until further into the relationship?

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