Check out some similar questions!

maddiesmommy · Mar 25, 2009, 05:07 PM

So me and boyfriend have a kid together and he has one with another girl. He stop paying child support a while ago cause she stop letting him have his visits with his son. Then she told him she wanted him to sign over his rights so her boyfriend could adopt him. Well now she wants him to pay again cause she found out were getting married and that we were having another kid and she just plain out doesn't like that. I told him a long time ago to keep paying her, but he won't until he can see his son again or gets a DNA test cause we heard all kinds of rumors that she was going around saying the kid wasn't even his. I was wondering how we go about getting a court ordered DNA test? If anyone can help Please do so.

stevetcg · Mar 26, 2009, 04:25 AM

That's pretty much it. He goes to court and files for paternity. They will order the DNA test.

You need to let him know that support and visitation are two different issues and are handled separately by the courts (even though they may be handled at the same time)

Is he on the birth certificate? Has he signed an acknowledgement of paternity? How old is the child now? Living in what state?

liz28 · Mar 26, 2009, 05:07 AM

Also, he can't just sign over his rights especially for her boyfriend to adopted him. They're guidelines in place and boyfriends cannot adopt their girlfriend child only a husband can do this.

Also, if he wanted to see his child that she deprive him of he should've took her to court for visitation.

Regardless, of her motive behind taking him to court for child support she has the right to do so. And she might be able to get back child support for the months he didn't pay.

No matter if he signed the birth certificate at birth he can request a dna test if he has a valid reason for doing so but they have a time limit set in place for one to request a dna test. The time spam varies from state to state so he better get the ball rolling.

The only person I feel sorry for is the child because she is losing the benefit of seeing her father by the mother. Playtime is over and the interest of the child should come first. The mother needs to grow up and this is why people should be cautious to who they go half of a baby with. If you don't your be stuck in this predicament for the next 18 years. :-(

ScottGem · Mar 26, 2009, 05:55 AM

Different states have different rules about the requirements for adoption. But until he gets a legal document from a court asking him to relinquish his rights then the issue is moot.

And yes, but not paying he is living himself open to jail time or having to all of a sudden come up with a large amount of money. If the support is court ordered then he is bound to pay whether visitation is being withheld or not. The way to get his visitation rights is to have the court enforce them.

As for DNA testing. Is there a court ordered support/visitation agreement? Its unclear if there is. But if there is, he has been declared the legal father. And, depending on local laws, even if its proven he is not the bio father that may not change his status as the legal father.

He really needs to sit down with an attorney to sort this out.