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-   -   Child's father is on because can another man say they are the father after 13yrs (https://www.askmehelpdesk.com/showthread.php?t=670837)

  • Jun 14, 2012, 09:39 AM
    chocolatebar
    Child's father is on because can another man say they are the father after 13yrs
    I have a 13 year old child his father is on birthcertificate he is now deceased, another man I had dated year before I got pregnant and a relationship when my child was 2 he is now taking me to court claiming to be the father, I can't afford a lawyer don't know what to do?
  • Jun 14, 2012, 09:49 AM
    ScottGem
    I think you can get away without a lawyer in this case, especially if you are sure there is no way he is the father. Simply ask the court to order a paternity test. When the test comes back negative the case will be dismissed.
  • Jun 14, 2012, 10:00 AM
    chocolatebar
    Quote:

    Originally Posted by ScottGem View Post
    I think you can get away without a lawyer in this case, especially if you are sure there is no way he is the father. Simply ask the court to order a paternity test. When the test comes back negative the case will be dismissed.

    we went to court already because he wanted a paternity test, now they amended the complaint he wants to be adjudicated the father I don't even know what this means? I am supposed to go a deposition this month and a pretrial conference in October I'm just confused this whole situation.
  • Jun 14, 2012, 11:04 AM
    AK lawyer
    Quote:

    Originally Posted by chocolatebar View Post
    we went to court already because he wanted a paternity test, now they ammended the complaint he wants to be adjudicated the father I don't even know what this means? I am supposed to go a deposition this month and a pretrial conference in october i'm just confused this whole situation.

    You are leaving important details out. Was a paternity test ordered? Did the test happen? What was the result?

    The one-time boyfriend/ would-be father amended his complaint? What is he claiming in the amended complaint?

    "Adjudicated the father" means that he wants the court to decide and rule that, legally, he is the father.
  • Jun 14, 2012, 12:38 PM
    Fr_Chuck
    Yes adjudicated would mean of course that he wants the court to order without the test, Did you not ask a for a DNA test.

    Next why is he doing this ?
  • Jun 14, 2012, 01:02 PM
    ScottGem
    If you want our help you really need to be more up front on details. You originally said he is taking you to court. That implies future. You should have told us a hearing was already held.

    And since I said the results of a DNA test should clear this up, not telling us what is going on with that is leaving the whole key piece out.

    So please give us the info we need to answer your question.
  • Jun 14, 2012, 03:28 PM
    chocolatebar
    Quote:

    Originally Posted by AK lawyer View Post
    You are leaving important details out. Was a paternity test ordered? Did the test happen? What was the result?

    The one-time boyfriend/ would-be father amended his complaint? What is he claiming in the amended complaint?

    "Adjudicated the father" means that he wants the court to decide and rule that, legally, he is the father.

    No there has been no dna test he petitioned the court for paternity we went in November the judge said we would get something in the mail, the same day they amended the complaint that he wants to be adjudicated the father
  • Jun 14, 2012, 03:36 PM
    ScottGem
    Did you ask that a paternity test be performed?
  • Jun 14, 2012, 04:03 PM
    chocolatebar
    Quote:

    Originally Posted by ScottGem View Post
    Did you ask that a paternity test be performed?

    No I just told them my son has a father that has supported him since he was born and showed the birth certificate, I really don't want to put my son through that for no reason my son is special needs
  • Jun 14, 2012, 04:06 PM
    ScottGem
    You don't have to explain to your son why you need a cheek swab or however his DNA is collected. But the only way you can prove paternity is through a paternity test. You should go back to the court and ask if one can be ordered.
  • Jun 14, 2012, 04:35 PM
    chocolatebar
    Quote:

    Originally Posted by ScottGem View Post
    You don't have to explain to your son why you need a cheek swab or however his DNA is collected. But the only way you can prove paternity is through a paternity test. You should go back to the court and ask if one can be ordered.

    the problem my son is autistic he has very intense aggressions he won't even let doctors take his bloodpressure they usually get his blood at school where they have to hold hi so I don't want to put him through that unless necessary
  • Jun 14, 2012, 05:31 PM
    ScottGem
    DNA testing doesn't need blood. It can be done with hair or a cheek swab. Your reluctance to have a DNA test done will be seen by the court as a tacit admission that the petitioner could be the father.
  • Jun 14, 2012, 05:51 PM
    AK lawyer
    Quote:

    Originally Posted by chocolatebar View Post
    ... I really don't want to put my son through that for no reason my son is special needs ...

    Through what? Stick a Q-tip in his mouth to gather a saliva sample? You do know that's all there is to it, right?
  • Jun 14, 2012, 06:27 PM
    chocolatebar
    Quote:

    Originally Posted by AK lawyer View Post
    Through what? Stick a Q-tip in his mouth to gather a saliva sample? You do know that's all there is to it, right?

    His lawyer told me they wanted a blood test, I didn't refuse I just showed up for court, and the next day served with the amended complaint that he wants to be adjudged the father, also I don't understand he had wanted a test but want me to pay half why should I pay half of something I don't want in the first place.
  • Jun 15, 2012, 03:15 AM
    ScottGem
    You need to educate yourself. DNA tests are not doing with a blood sample, unless that's all the forensic specialist has. A voluntary test is done with a swab inside the cheek.

    And it doesn't matter what the father wants, its what the court orders. Stop listening to his lawyer. His lawyer has his client's interest at heart, not yours.

    He is bringing the court action therefore he should pay for it if the court won't. But without a scientific test he could win. So you go back to the court and you tell the judge, that you are willing to submit your child to a paternity test but that a) given his autism it needs to be handled professionally and with minimal intrusion on your son and b) that since he is bringing this meritless action, he should pay for it.

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