0
When DNA testing proves you not to be the father . who do you serve the for a motion to set aside the determination of paternity papers to. i was told they could not just be sent to the local agent?
Wiki User
∙ 16y ago
Hi, not sure what state your in, but in most states in the county court house there is a dept there that is called Family Court. Thay can help you.
Good luck!
Wiki User
∙ 16y ago
Add your answer:
Earn +20 pts
How do I get my ex to take a paternity test?
You can file a motion to bring you case to court. In the court hearing, the judge can rule for the father to have a paternity test done. Some courts will pay for the testing and have the father repay the court for the costs. DNA Diagnostics Center is a well known place that does paternity testing. Their results are credible in court.
Can a man deny to DNA testing of a child?
Generally, Yes. You can be forced. If you are denying paternity, and the mother is claiming that you are the father, the proper legal way to resolve the issue is to take a paternity test. You can be forced to do this. Refusing to take the test looks bad, as if you knew for certain that you were not the father you'd be quite willing to take the test - it wouldn't matter to you.
Can you move out of the state of Kansas with your children when you're not married and neither parent has custody?
An unmarried mother has custody of her children until the father establishes his paternity in court and requests custody or an order for visitation. Once his paternity is established she can request child support.She can move but he may be able to stop her by filing a motion in court.An unmarried mother has custody of her children until the father establishes his paternity in court and requests custody or an order for visitation. Once his paternity is established she can request child support.She can move but he may be able to stop her by filing a motion in court.An unmarried mother has custody of her children until the father establishes his paternity in court and requests custody or an order for visitation. Once his paternity is established she can request child support.She can move but he may be able to stop her by filing a motion in court.An unmarried mother has custody of her children until the father establishes his paternity in court and requests custody or an order for visitation. Once his paternity is established she can request child support.She can move but he may be able to stop her by filing a motion in court.
If a father has visitation rights but rarely comes to see his child what steps can be taken?
It depends on what you want to do. If you don't mind about the father rarely visiting, then there are no steps to be taken. It really is a matter on what you want to do about the father rarely visiting his child.
How can a woman get away with accusing someone of being the father and that person did not even know they were having a baby and now u have a letter from child support to pay with no paternity test.?
She can get away with it until you go to court and file a motion for a court ordered paternity test. If the test disproves your paternity, you can file a motion to cease child support based on that.
How do you get a court order DNA test in NJ?
Texas treats paternity or parentage establishing as a contested lawsuit. The mother wishing to receive child support files the suit for support and the alledged father is served. The father has the legal right to contest the suit and if he does a paternity test is ordered. If he does not contest the charge or fails to appear at the hearing he will probably lose the suit by default and child support will be granted. If the male signed an affidavit of acknowledgement of paternity upon the birth of the child it is extremely difficult to have the status changed. The best option is to consult with or retain an attorney qualified in family law. we are in the state of west Virginia
Does the father have to have visitation rights in order for the mother to get child support?
Child support and visitation rights are two separate issues and they are addressed separately. The father's paternity must be legally established in court if the parents are unmarried and the mother seeks child support. Once paternity has been established, the court will issue a child support order based on state child support guidelines. In addition, once paternity has been established the father has the right to petition for a visitation schedule. If the father fails to pay his child support he is still entitled to visitations. In that case, the mother would need to pursue the child support arrears by filing a motion for contempt of the child support order.
If the mother and father were not married when they had a child does the mother get full custody of the child?
In all 50 US states the law presumes that an unmarried birth mother retains sole custodial rights to a child until the court rules otherwise. This applies to minors as well as to adults. Generally, if the parents are unmarried the mother has sole custody and control until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
What is the Mississippi state limitations on just finding out the you fathered a child but paternity has not been proven?
In my experience, with the exception of the child being over age 18, there is no statute of limitations on establishing paternity. There could be an exception if the child is a part of a family whereby the mother never told her husband that he was not the father of the child. Understand that establishing paternity only acknowledges financial responsibility. It grants no parental rights, even after paying court ordered child support. You need to file a separate motion as regards it. see related links
If your ex says I'm the father of her unborn kid can she legally put down her boyfriends last name for the child even though I'm the father?
Though as yet, this is not illegal, there's a growing push to establish penalties for paternity fraud. If she's not agreeable to it, you need to file a motion to force a paternity test, which can be done during the pregnancy. This is particularly important in Kansas where you're obligated to begin providing support during the pregnancy. see links Under limited circumstances, you can even file for custody, now. see links
Can an incarcerated man get DNA for a child who might be his?
Yes, by filing a motion to determine existence of parent-child relationship in the appropriate jurisdiction, but note that support cannot be ordered while incarcerated. Also, a Tennessee State Senator has introduced a bill to make paternity testing madatory on all new births. see link
Can a biological father get custody of child if he is not on the birth certificate?
No, because you've obviously failed enough as a parent to have the child taken away. They won't just give the kid back. Yes you can, Please contact child services and dicuss that you want your child. Right away. If you wait they could be adopted out. They can do paternaty tests also. If it is needed. Good luck to you.
