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    sloyaroe's Avatar
    sloyaroe Posts: 5, Reputation: 1
    New Member
     
    #1

    Dec 22, 2008, 12:26 AM
    Child paternity
    How do I sue my daughter's father for paternity? And if he never show's up will I ever be able to sue him?
    MommieGina's Avatar
    MommieGina Posts: 17, Reputation: 1
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    #2

    Dec 22, 2008, 12:33 AM

    I'm almost positive you have to go through the state of Child Support Services and they will pursue the dna results on behalf of the father of your daugther and also dna from your daughter,to prove he is the father and from there you can get child support and sue if you need to..
    sloyaroe's Avatar
    sloyaroe Posts: 5, Reputation: 1
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    #3

    Dec 22, 2008, 12:39 AM
    Raped by friend
    I had a friend that took advantage of me sexually... I wanted to have sex with him but not without protection however he forced himself on me anyway resulting to a pregancy. Now he doesn't want to claim this baby... what should I do.

    Could I sue a person for pain and suffering in small claims court for being sexually taken advantage of / Rape?
    Jake2008's Avatar
    Jake2008 Posts: 6,721, Reputation: 3460
    Emotional Health Expert
     
    #4

    Dec 22, 2008, 02:22 AM
    You don't say how old the baby is, but the first thing you need to do is establish paternity, so that you can get support to help provide for your child. It isn't optional for him to deny the child he created.

    Because at least 9 months has passed since conception, what steps have you taken as far as being raped goes. Did you report this at the time, the next day or at any time? Did you visit an emergency department to have an examination, see a Doctor? Have you told anyone what had happened? Have you seen a lawyer for advice?

    What kind of relationship do you have with him now. You say he doesn't want to claim his baby- how do you know this. If you can reasonably talk to him, perhaps with a third party, maybe a neutral friend, parent etc. something can be hashed out so that at least paternity can be established.

    It's very sad that babies are created under these circumstances, but for the baby's sake, I hope you pursue your legal rights.

    As to the rape. Such a serious charge against someone really needs to be handled by a lawyer. If he is denying the baby, he'll probably deny that as well. To prove it without having made any charges with the police or any other avenue during all this time, might be hard to prove, but that's just my opinion.

    I hope for the baby's sake that you are both healthy and things are in the works to resolve these issues. Good luck.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Dec 22, 2008, 09:02 AM
    Quote Originally Posted by sloyaroe View Post
    How do i sue my daughter's father for paternity? And if he never show's up will i ever be able to sue him?

    Info on other thread is important - should be combined
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Dec 22, 2008, 09:07 AM
    Quote Originally Posted by sloyaroe View Post
    I had a friend that took advantage of me sexually... I wanted to have sex with him but not without protection however he forced himself on me anyway resulting to a pregancy. Now he doesnt wanna claim this baby....what should i do.

    could i sue a person for pain and suffering in small claims court for being sexually taken advantage of / Rape?

    When the child is born - assuming the child hasn't been born - you have to go to the Family Court (or whatever it's called in your area) and file a petition for support/custody. The Court will order DNA testing to prove he's the father and then support will be ordered based on the law where you live.

    You cannot sue for pain/suffering in Small Claims Court. You CAN have him arrested for rape if this is recent. It will be your word against his.

    Civil - Small Claims actions - and criminal (rape) are two different things.

    Your other thread addresses only part of this, doesn't explain the circumstances - the posts should be combined.

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