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Paternity
Ask questions here pertaining to the role of a father during his child's development in the womb. Also pertains to paternity tests and possibly determining the father of the child as a result of intercourse with different men on specific dates.
533 Questions
What legal consequences could you face while attempting to obtain a paternity test without consent?
The question is not valid because the action cited would not be done by any licensed facililty or medical provider without the consent and particpation of the adults involved or a court order.
Can paternity be determined if you only have DNA from mother and child?
Not really, otherwise it will called as maternity test. You need to have sample from alleged father to establish paternity relation.
How can you get the west Bengal government's order and circular?
Sir,
I want to know about the Got. order of commuted leave .
Shahabuddin
Is there a test to determine if the baby you're carrying is your husband's?
yes actually there is its called an amnio test but you have to ask your doctor if this safe for your pregnancy at this time and it can only be done if your husband submitts to testing also
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!
What custody do a father have in Georgia not married?
If a child is born out of wedlock in Georgia, the father must file a petition seeking legitimation through the courts to become the legal father. Putting a name on a birth certificate is not sufficient. In the legitimation proceeding, the court has the authority to make custody determinations.
If the father has not filed for legitimation, he is a legal stranger to the child, and has no rights to custody.
Can a New York judge order a paternity test for a child no born in New York state?
If either parent lives in New York or if the child lives in New York then the judge can order a paternity test.
If pregnant do you have to marry the baby's father?
No you do not have to marry him. Years ago, that would be a very common practice, to marry the baby's father. But in today's society, that is becoming more scarce.
Also, today, there are loads of resources out that for singles mothers. But even with them, the road ahead could be very trying and difficult.
Whose name is listed on the birth certificate? If it is your boyfriend, when you file for divorce, notify your attorney that the child is not your husband's and that your ex will have no legal obligation towards your child.
If your boyfriend is not listed as the father, you need, for legal reasons, to have a paternity test done and have your boyfriend legally recognized as the father of your child.
Depending on your state laws, if the divorce is not final the husband is automatically put on the birth certificate. So, then yes, a paternity test has to be done to prove to the court it is not the husbands and the boyfriends which will be proven by the test. Also, depending on your state laws then the state will make the boyfriend pay child support regardless if you are living together or not.
Can the mother refuse a DNA test in NC?
Sure, but she will probably forfeit her right to child support and public assistance.
What happens if the father refuses to acknowledge paternity?
A DNA test can be taken to prove it. The natural mother can order it to be done. If a judgment has already been ordered for child support, then you will have to appeal with your lawyer and have a DNA test to prove you are not the father.
Only the court or the state's department of child support enforcement can order someone to take a paternity test.
A paternity/parentage suit is treated the same as any lawsuit.
Before the unmarried mother can receive child support she must file a suit in the state circuit court in her county of residence.
The male named as the alledged father will be served with a summons with the court designation, date and time he is to appear.
The defendant can appear in court with or without legal counsel and contest the suit, in which case a paternity test will be ordered.
If the defendant fails to request a continuance or does not appear at the hearing the court will enter a default judgment for child support.
How can an inmate do a paternity test?
The rules for this will vary depending on what facility the inmate is at. If it is court ordered fordetermination of paternity (most often for custody or child support issues) then the facility would be very likely to perform the test (even more likely if an outside source is paying for it). It is just a simple swab test that can be done in any clinic setting. However, if the inmate is requesting the test without a court order, it will likely be much more difficult. In the case of the inmate requesting it, I would imagine that his sentence being served would play some factor in it. The facility might want to make him wait until he is close to release if they'll do it without a court order at all. Also, in many states if you've ever committed a felony they require that your DNA be part of your record. I'm not sure if it's possible to go this route, but everything's worth a chance when it comes to kids. There might be a way of using that DNA sample to establish paternity. That would require: the inmate's consent (in the case of no court order), the judge's permission, the ability of whatever testing facility, and availability of the sample for things like this.
You can get a divorce under any circumstances. If you are carrying another man's child, it may not be your decision. Your husband may make that decision for you.
Does medicade pay for paternity tests?
The State child support agency will pay for paternity testing.
No, in those states that do allow you to petition for a paternity test, after an order is in place, your child support must be current first. Twenty states do not allow the challenge, period. see links
What happen to the father of the baby if the DNA confirm positive?
If DNA confirms a man is child's father, the father will have a few decisions to make. The father can assume responsibility for the child and work together with the mother for the sake of the child, or the father can sign over his parental right to the mother, and choose to have no further contact with the child.
Family Law Attorneys-How do you find a good one?
The best way to find a good attorney is to ask around. Ask friends, neighbors, relatives, owners of neighborhood businesses you frequent and people at work. If there are local chat rooms send out a call for good lawyers names. Check online for local listings that rate lawyers. The best recommendations come from someone who had a very good experience with their attorney.
Can a mother sue a man for maintenance without DNA tests being done to prove that it is his child?
She can, although she would have a fairly hard time proving it is his child.
Get the tests done; if she refuses then you can basically refute all claims by showing her reluctance to prove them.
Basically it is when a woman makes a false claim of the identity of the biological father of her child or children. There are a few states which have established laws pertainint to the issue, most states assume that any man named as the biological father will remain legally so until the claim is contested and paternity is determined by DNA or a traditional blood test. Such a charge is usually brought in civil court when a man contests paternity and seeks relief and restitution for monies already paid for child support or to be excluded from the legal responsibility of payment of support.
Recording Conversations-What are the laws on recordings and their admissibility in Family Court?
BEFORE RECORDING ANY TELEPHONE CONVERSATIONS IN YOUR STATE YOU SHOULD CONSULT AN ATTORNEY. IT IS A CRIME IN SOME STATES TO RECORD A TELEPHONE CONVERSATION WITHOUT BOTH PARTIES BEING INFORMED THAT THE CONVERSATION IS BEING RECORDED. IN SOME STATES YOU MAY BE SUED FOR INVASION OF PRIVACY IF YOU RECORD SOMEONE ON THE TELEPHONE WITHOUT INFORMING THEM ABOUT THE RECORDING!
IT IS ALMOST NEVER LEGAL TO RECORD CONVERSATIONS BETWEEN TWO PEOPLE WHO DO NOT KNOW THAT THEY ARE BEING RECORDED. NEVER RECORD CONVERSATIONS BETWEEN YOUR CHILDREN AND THEIR OTHER PARENT WITHOUT THE OTHER PARENT KNOWING THEY ARE BEING RECORDED.
If you do happened to live in a state where it is legal to record telephone conversations without everyone knowing that the conversations are being recorded, you should strongly consider recording your phone calls. Very often the other side will make very damaging statements during phone conversation. Recording these conversations can help you win your case or at least prove that you are not the person who is calling and harassing the other side. Another benefit of having a recorded conversation is that you can use the tape to refresh your memory long after the conversation took place.
The best quality recordings are made by plugging directly into a modular phone. Several devices are available at RADIO SHACK. Always use freshly purchase tapes and only tape on one side.
Once you have taped a conversation, remove the tab to prevent accidental reuse, label it clearly, indicating start and ending dates. Keep a notebook on the tapes. Provide general information about each tape. List the digital count on those conversations which are most important. Make a note about the conversations. If you are going to show them to your attorney, you may wish to transcribe the entire conversation. There are services that perform this task. ALL PARTS of the conversation must be recorded and transcribed. DO NOT EDIT THE CONVERSATION.
Recording conversations on a cell phone raising some additional problems, but there is a solution, Skype (see link below). Skype is a similar program to Yahoo and other IM programs, only it also has phone service that works quite well. The service runs $8 a month.
You can get Skype, along with another phone number on web enabled cell phones. To this, obtain an "Add On" program that cost just $15 that will automatically record the conversations, saving them as mp3 files, which you can than download into your computer. From there, you can run a vocal recognition program to transcribe it into printed form, which is necessary for use in court.
When recording conversations it is best to remember the old adage that "people who live in glass houses should not throw stones." Since the recording device is on your phone, you will sound much louder than the other caller so be certain to control your tone of voice. Control your language and temper. Don't say anything threatening or hostile on the phone when you are being recorded because the same tape you wish to use against the other side could now be used against you. (It is not unusual to be stressed and to get angry over problems with the child's mother, but it doesn't help for you to lose your temper. Counseling to control stress is very useful.) You can be sure that once the other side finds out that you have tape recordings of them, they will want to get copies of your tapes. You will probably have to let them have copies of the tapes.
In court, the tape itself may not be admissible unless the party in the tape perjures themselves after questions on the stand.
If you are interested in tape recording conversations, you may wish to look at the following legal citations:
(1) 18 USC ' 2511D
(2) Newcombe v. Ingle, 944 F2d 927 (2nd Cir. 1993)
(3) Thompson v. Dulaney, 970 F2d 744 (10th Cir. 1994)
(4) 58 ARL2d 1024-105
Can the police legally make you take a DNA test to see if a baby is mine?
well if u say no then they cant but if they get a judges warrant then u have too.
Added: The police do not have that authority . . ., but the court does. If the court orders you to submit to a DNA test you must do so, or be found in contempt of court and suffer whatever consequences that may bring, PLUS - they will wind up taking the sample anyway.
How can paternity be established when two men are told they are the father?
its not possible
by genetic testing (DNA)
