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losingmyson · Jun 16, 2009, 09:35 PM

I got pregnant with my first child back in 1995 and I was not married to the man who I thought at the time was the father. I had been seeing this man at the time but he had broken up with me. I than right after starting seeing a man for a very short time and very soon after within a month found out I was pregnant. The first man I was seeing and I had continued relations even after he and I had broken up so therefore I just assumed he was the father and we put him on the birth certificate and no paternity test was ever done. Recently I had sent my son to stay with this person who I assumed was his father for a short time while things at my home here were getting sorted out. My son was supposed to only stay in Louisiana for a short time but I soon found out that this man had gone to the court to try to get complete custody of my son. Ending results was it went joint custody but the kicker is no paternity test was ever done to get this still to this date no paternity test has been done. I was not ever going to question this because I didn't realize that it would make a difference. But it has come to my attention very recently that my son has type B+ blood type of course I am o- and this man who we assumed is the father has A+ blood type which now makes me know that there is no way he is the father. Can a paternity test have my son returned to me asap? My son is wanting to come home to me but is not being allow to by this man. I am getting my son for 7 weeks starting this coming Saturday but then am supposed to send him back. My son doesn't want to return and certainly I do not want him to either but not sure what to do because of the court order, which again was determined without a paternity test. What can I do now to correct this over sight. My son will be 13 this year and I realize that this is a very delicate situation because of my son. The other man in question I wouldn't even know how to find because it was a very short time we were together and I have no idea where he is now or his last name just his first name. What can I do? Could you please respond via email soon so I can know what direction to go since time is an issue.

Thank you so much
CJK

stinawords · Jun 16, 2009, 09:47 PM

Chances are no, a simple paternaty test will not just send him back. You would first have to petition the judge to order the test (and that will be hard to convince a judge to do being that you already have him on the birth certificate and waited this long to ask for one). Of course no DNA test was done when the orders were made... the legal father is the man that has him right now because of the B/C. I'm not sure on LA law (if they have a statute of limitations) some states won't let a challenge be made after a certain amount of years. You had better get a lawyer on retainer if you want this case to go anywhere. (and even then I'm not making any guarentees)

losingmyson · Jun 16, 2009, 10:06 PM

Not sure how to reply to your answer so doing it this way... I checked online the statue of limitations for paternity test in Louisiana and its 18 years old. So... a lawyer is the way to go than.. I now need to find one in La or can I start in my state?

stinawords · Jun 17, 2009, 08:31 AM

You can look for a lawyer in your state but they may tell you to get one in LA. A lot depends on which state has jurisdiction. Since the father filled in Louisiana it would seem that they have jurisdiction but you can always ask in your home state first. But yes you need a lawyer first and foremost.

losingmyson · Jun 17, 2009, 09:45 AM

Yeah I found out that a paternity test will not just send my son home because of the birth certificate. I found an attorny in La that is willing to talk to me and she is in the process of finding a loop hole or a way I can fight of a paternity test to hold up. She told me that the other man would have to go for paternity that the mom doesn't have the right to challenge paternity. Problem is I have no way of finding this other person. I wouldn't even know where to start. So, I will be retaining this lawyer to go in and fight for my son because he is asking to come home and he is of age to decide but those in La are not listening to what he wants. Seems like I am going into a huge fight here. Thanks for your help though I appreciate you listening.

stinawords · Jun 17, 2009, 10:15 AM

That is the other common misunderstanding people have with the law. A child isn't of age to decide until they are no longer a child (18). So while your son's testimoney can be heard if the judge allows it, he will not be able to "decide" where he lives. That attorney is right it would have to be the other man to challenge paternity but I'm glad that you were able to find one that is willing to take the case anyway. Best of luck to you. Please come back to let us know if you have any more questions and how well it worked out for you!