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    chris_v's Avatar
    chris_v Posts: 3, Reputation: 1
    New Member
     
    #1

    Nov 4, 2008, 10:41 PM
    Parental rights
    OK I had a girlfriend 4 years ago we split and she got togheter with this guy, two months after we split she called me telling me that she is pregnant and she thinks that the baby is mine, I told her to have a test done but she refused, I haven't talked to her in those 4 years, but recently she called telling me that she wants to have a paternity test done. My questions is I don't want anything to do with her or the kid she refused to have a test done when I asked her and now she comes years later asking for a test, I live in California and I defenitely don't want to do a paternity test now what are my legal rights? Thanks I'm really frustaded with this problem.
    mishelly3's Avatar
    mishelly3 Posts: 300, Reputation: 16
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    #2

    Nov 4, 2008, 10:50 PM

    I know you must be upset and really frightened but it doesn't matter if you want to take the test or not they can order you to by taking you to court and have I then make you pay child support. You don't have to have anything to do with her in fact you can ask it done at a different time. Its painless a simple swap of the inside of your cheek. Iam sorry I can't give you any good news I would just take the test and find out, I don't know how you would feel about being a parent but remember its not the end of the world you may start a great relationship with your child ( if its yours.)

    Best of luck,
    chris_v's Avatar
    chris_v Posts: 3, Reputation: 1
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    #3

    Nov 4, 2008, 10:55 PM

    Thanks for your answer,so it means that I'm screwed anyway
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #4

    Nov 5, 2008, 08:19 AM

    You could have taken her to court as soon as the baby was born for a DNA test and she would have had to submit to one. Now the table is turned and if she just asks for one then you don't have to take it but if she goes to court the judge will order it and then you will have to (or you could choose to sit in jail until you submit to it). If it comes back that it is your child you will be ordered to pay support but you don't have to visit or anything that will be up to you to file for but if you don't want to then just don't.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Nov 5, 2008, 08:25 AM
    Quote Originally Posted by chris_v View Post
    thanks for your answer,so it means that im screwed anyways

    Umm, you should have thought of this when you were screwing her. You have no right to refuse a paternity test if a court order is obtained. Nor will you be able to fight against it. As noted, you could have forced a test when the child was born, but you elected not to.

    What's probably happening is she may be applying for public assistance and the state is required that she determine who the father is.

    So, you take the test and see what the results are and then decide what to do.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #6

    Nov 5, 2008, 01:18 PM
    Quote Originally Posted by chris_v View Post
    thanks for your answer,so it means that im screwed anyways
    No it doesn't mean that your screwed. It just means your going to have to make choices. Being a parent isn't a bad thing. Your problem right now is if she had hid it from you you might only get stuck with arrears from when the filing date is. But you chose to screw yourself by not following up and the courts may have the opportunity to go back for 4 years of support plus 10% interest and other costs too. Your at a crossroads right now and depending on the results you will have many decisions to make. And should you decide not to participate in your child's life you also give up any rights to complain what she does with your child.
    chris_v's Avatar
    chris_v Posts: 3, Reputation: 1
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    #7

    Nov 5, 2008, 06:19 PM

    Thanks for your answers, I know I screwed myself by not acting as soon as she told me she wasn't sure who the father was,and the other thing is that she now has another kid with the guy but she is fighting for custody of the kids so I think she is doing this in order for her to get at least one of the kids by proving that the kid is not his,and the guy doesn't even know what's happening, everything was all good until now that this b**** came and is trying to screw me for trying to clean her own problems. Thank you for your input I really apreciate your help...

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