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libby73 · Feb 24, 2008, 08:36 AM

I live in Ma. And my boyfriend walked out on his 1 week old child. He never signed the birth certificate because he is insisting on a paternity test. I refuse to give consent for a test because I don't want him to be a part of our child's life if he is only going to be there part time. I have raised one child with a part time father for seven years and it was very hard on that child emotionally. I don't want to put this child through the same. I have told the father that the child is not his and that I don't know who is. He has sued me to force the dna test but it has not gone to court yet. If I do not comply if a judgement decrees it, can I be jailed?

excon · Feb 24, 2008, 08:42 AM

Hello libby:

You may be compelled to submit by court order, and if you don't, you could be held in contempt and jailed until you comply.

On the other matter you bring up, I happen to agree with you. He should be a full time father.. However, if he isn't, YOU don't have the right to say that he can't be a father at all. He'll be the best or the worst father that he's going to be. You can't change any of that. All you can do is be the best mother you can be.

Good mothers don't keep their children away from their fathers.

excon

shygrneyzs · Feb 24, 2008, 09:45 AM

If you would want any kind of assistance, you will be required to have the proper determination of who is the Father of that child. Besides, your child deserves the child support. Even if you say you do not need the child support, that child does.

Have the test done and then everyone knows who is who. Then deal with the rest.

froggy7 · Feb 24, 2008, 10:51 AM

Look at this from his side of the situation. That could be his kid, and it sounds like if it is, he wants to be a father. You have no right to prevent him from being in his child's life, and should be doing everything that you can to encourage him to be a part of the child's life. Which means making the DNA test easy on him.

And, if you don't want your kids dealing with the emotional fall-out of dealing with a part-time father, then for God's sake, stop getting pregnant by men you aren't married to! You have the most control over who you choose to be the father of your kids, so don't put all the blame on him for wanting to be part of the child's life in this kind of situation.

s_cianci · Feb 24, 2008, 11:13 AM

If you receive a court order for a DNA test and you refuse to comply, then yes you could possibly face incarceration. Anytime you are in contempt of a court order imprisonment is a risk.

Fr_Chuck · Feb 24, 2008, 11:22 AM

As already noted, sorry but if you refuse the judge will hold you in contempt, they can place fines against you, and then if you still don't sumbit, they can put you in jail and leave you there till you agree.

cdad · Feb 25, 2008, 05:14 PM

Just think of all the DNA they are going to get as you sit in a jail cell worrying what's going on with your child and your hair falls out. Not to mention that the stunt could force you to lose your child because what your doing has a name to it.. Its called PAS parental alienation syndrom. The courts don't look very kindly upon that and many have lost children over it. So you might want to ask yourself is it worth it ?

Thought so.. now try to co operate and allow a father to see his child.. thanks