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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
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)
DNA test in delhi centers and what it costs?
DNA Forensics Laboratory is located in Delhi offering different types of DNA testing services such as Paternity, Maternity, Sibling Ship, DNA Profiling, Child Swap, Cell Line Authentication, Prenatal Paternity, etc. Contact number:- +918010177771
Propria Persona Pro Se-What are the basics in representing oneself in Family Court?
Often people wonder about the feasibility of representing themselves in court, Propria Persona (Pro Se). It is possible, though not recommended under many circumstances, but you do have the legal right to represent yourself in court. Representing yourself requires a lot of work AND at least some money. The following suggestions are not inclusive, but do cover the basics of preparation for representing yourself in court. Beyond this, you should search the Internet for attorneys who provide help in Propria Persona Cases. Also, check on Document Prep Services for creating you Court Motions.
You should buy a copy of "Black's Law Dictionary"and your local court rules. You
should be able to get a copy of your local court rules from the clerk of court. You also will need access to your state's: "Rules of the Court"; "Family Codes"; "Criminal Penal Code"; "Family Law Practice Manual"; "Dorsaneo Litigation Guide";and the laws of torts. All the above books can be found at a county law library, a university law library, or your state's Bar Association.
The average amount of time required to read the above listed books and get an idea of what is going on and the procedures required to write your own "Motion" or "Response" is about 200 man hours. You must literally study these books and ask questions of others who've done Pro Se, attorneys, and judges. Don't be afraid to ask questions. If you decide to represent yourself, plan on spending a great deal of your free time at the law library and on your word processor.
If you approach the legal system with a negative attitude, you will lose. You must, at all times, have a positive, winning attitude. There is no place in town for you to buy a "winning attitude." You must develop and maintain your winning, positive attitude.
This is a lot like a doctor's bedside manner. You must learn how to conduct yourself in a Court of Law. You must learn how to dress yourself in appropriate clothing when appearing before the Court. Learn how to smile. Learn the procedures. Learn the court clerk's name, the bailiff's name, the court reporter's name, and most importantly, the Judge's name. Establish a friendly rapport with these people. You want to establish, in their minds, that you are a nice person, a responsible person, and a caring person.
Obviously, sex without a condom is unsafe, but the chances of becoming pregnant from this are slim. After all, you here of couples trying for ages to become pregnant.
It generally depends on the woman's menstrual cycle, if you had sex without a condom a couple of days before her period is due, there is a higher chance of pregnancy, as there is an egg available.
If you penetrated her just after she had her period, then there is almost no chance of becomign pregnant (however there is still a chance). This is why the days just after a womans period are called her "safe days".
how many paternity leave get a nrhm employee in rajasthan
What if you find out the results to a DNA paternity test are false?
Call a divorce lawyer right away. Depending on the state you live in, time is of the essence. In some states, you, the alleged father, will be required to pay child support on a child that isn't biologically yours unless you refute paternity in a timely fashion.
No. If the biological father wants to assert parental rights he may file a petition with the court to order a paternity test taken. If presented with such an order the mother must comply or be held in contempt of court. A biological parent cannot be forced to relinquish parental rights it must be done voluntarily or said rights terminated by the court for reasons of abuse and/or neglect.
What should you do if your baby's mother won't agree to a paternity test?
Based on personal experience, you do not need the mother to conduct a DNA Test. You can order one of those DNA Buccal Swab tests online & perform on you, the alledged father, & your alleged child. Test is very simple, you swab the inside of your cheek with a stick that looks like a q-tip then put in an envelope...do the same for the child. Appox. 7-10 days later, you should get the results back...test should show either 99.9% inclusively that you are the father or 0.00% that you are EXCLUDED from being the father. Though most courts would not allow this evidence, it will force most courts as divorce case moves on, to order you, your alleged child & the mother to have a state approved DNA TEST PERFORMED...which, in all liklihood, will show the same result. I strongly encourage all suspect new fathers to order these DNA kits...as hurt as i am for knowing the truth, through the results of these tests, i was absolved from any fiscal responsibility toward my now ex-wife & her child& cam move on with my life.
Is Joel Madden the father of Nicole Richie's baby?
To look at Harlow and not see Joel is impossible. Yes, he is the father.
How can you get a DNA test between your daughter and her father?
Get hold of their toothbrushes, send them in for testing.
Can we give our baby a different last name than ours?
Why on earth do you want to give him/her a different name to that of his/her parents? The mere thought defies sane logic!
Can you and a sister of your father do the test to see if you are related?
A DNA test performed on materials from you and your aunt (sister of your father) can be done to determine whether the two of you are related. If you are not related, it may mena that your father and his "sister" are not actually related, or it may mean that youyr fatehr is not your biological father.
Well it depends if you are a guy you simply stroke or rub your penis for sexual pleasure. Now if you are a girl it is totally different for a girl there are many different ways because girls have a urethra like guys do but they also have a vagina so they have two things to masturbrate now lets say a girl likes to masturbrate her urethra she would put one hand (or both hands for that matter!) inside her "lips" and massages her urethra.Now lets say a girl likes to masturbrate her vagina she would put one or both hands in her "lips" like she would to masturbrate her urethra put instead of massaging her vagina she would insert as many fingers as she can in her vaginal opening and slide her fingers slowly in and out of her vagina.Both ways give sexual pleasure to girls but for some girls one gives more pleasure than the other and even some girls do them both at the same time or at different times some girls don't even care.Nobody can force you to maturbrate but it is a personal decision you can or you can't it's that simple.Now masturbrating should not hurt it's just for sexual pleasure but if for some reason it does hurt you should go to the docter.That is all i have to say so thanks for listening!
Paternity Case-What to do if informed you have fathered an out-of-wedlock child?
INTRODUCTION: More than 40% of American children are born out of wedlock. The fathers of these children often will become involved in paternity cases to determine their parental responsibilities. If you are one of these fathers, here are some things you should do.
YOU & YOUR UNBORN CHILD:Your responsibilities as a father begin the instant that your child is conceived. Presently, there are no effective legal steps that you can take to prevent the mother of your unborn child from aborting the child during her first trimester of pregnancy. In most states you have the legal obligation to provide financial support to the mother of your child during the course of her pregnancy if you wish to prevent her from putting the child up for adoption. Some states even require that you sign a registry of potential fathers in order to contest the adoption of your child. To find out what you must do under the laws of your state to prevent the possible adoption of your unborn child, you should contact at least 3 attorneys who do a significant amount of adoption work in your state. Ask the attorneys how many contested adoption cases that they have handled and whether they have represented the party contesting the adoption. If the attorney has not done any contested adoptions, they may not be very knowledgeable about what steps you have to take in order to prevent an adoption. When an attorney tells you what steps you need to take to prevent the adoption, you should cross check those steps with at least one other qualified attorney. After you have found out what steps to take in order to prevent the adoption, you should follow those steps exactly as required by the law. DON'T IGNORE THE SUMMONS:One of the dumbest things you can do is to ignore a summons on a paternity case just because you do not believe that you are the father of the child involved in the case. You also should not ignore a summons because it was delivered to the wrong person or the wrong address. By ignoring the summons, the you may have a default judgment entered against you, which would require you to pay thousands of dollars in child support. Immediately, upon learning that a court action is being pursued against you, it is a good idea for you to contact an attorney to assist you. If you cannot afford an attorney try to find a paralegal to assist you in filing the necessary forms in response to the documents you have received. At the very least, you should personally show up in court as required by the summons and make your appearance in the case. When you personally appear in court, ask for blood tests to determine the paternity of the child involved in the case. You also should ask the court for a parental contact schedule with the child if you are the father of the child. ACKNOWLEDGMENT OF PATERNITY:Almost all states have programs to get fathers to acknowledge the paternity of a child while the child is still in the hospital following the birth of the child. It is not generally a good idea to sign these forms unless you are 110% certain that you are the father of the child and that you are willing to pay the tens of thousands of dollars that will be ordered by the court for the support of the child. Title IV-D agencies (which are responsible for filing paternity cases on the behalf of the various states) often will ask fathers to come in and sign an acknowledgment of paternity and an order requiring the father to begin paying child support. Often these agencies will tell prospective child support payers that they will get a special deal on child support if they voluntarily sign the papers. While this is sometimes the truth, you should not sign any legal papers until you have had an attorney review them with you. If you have any doubts about the paternity of the child in question, you should politely ask for genetic testing to determine paternity. As long as you are cooperative with the Title IV-D agency in taking the genetic tests and providing your financial information to the agency they will normally cut you the same deal they were promising when they were asking you to blindly sign the court orders. PATERNITY TESTING:When you consider that a child support payment of just $100per month would cause you to pay over $20,000 during the minority of any child, you should strongly consider having a paternity test done in any case where you are not married to the mother of the child. For everyone's state of mind, this test will clarify whether you are the father of the child and may prevent future relationship problems with the child if one side or the other tries to deny paternity at some later date. Under the Uniform Parentage Act (which has been passed in most states) a man is legally presumed to be the father of any child in which genetic testing shows that there is a 97% or higher probability that the man is the father of the child. Genetic paternity tests cost between $250 & $1000 depending upon your area. One current testing method uses a swab to take skin cells from the inside of the mouth. The DNA composition of these cells is then analyzed. This method does not use any needles, is totally painless and is every bit as accurate as blood testing. FILING FIRST:Under the Uniform Parentage Act, you have the right to file a paternity action if you believe you MAY be the father of the child. If you believe that you may be the father of a child born out of wedlock, you may wish to file a paternity action first for two main reasons: First, if you are the father of a child, that child will need you to fulfill your responsibilities as a parent to that child. If the mother of your child does not want you to have contact with the child, the only way that you can legally make this contact happen is to get an order from the court requiring that you have contact with the child. Secondly, if you are proven to be the father of a child that does not live in your home, you will be required to pay child support for the benefit of the child. Under federal and state law, you will be required to pay back any costs associated with providing welfare benefits for the child or for otherwise raising the child. These costs can run into the hundreds (if not thousands of dollars) each month and are normally much higher than a child support order would be for the father to pay. If a father makes child support payments as required by a court order, the father generally does not have to make further payments for the benefit of the child to state agencies. By filing a paternity action right after the birth of the child, you may be able to save yourself thousands of dollars of payments to state agencies who might become involved in helping the child.Note: Paying child support directly to the mother does not always count under Title IV-D. You must make child support payments as required by a court order. Buying items like diapers, clothes, and food does not count as child support.
MAKING CONTACT WITH THE CHILD:Generally, when a state agency files a paternity action it does not do anything to assist fathers in setting up a parental time sharing schedule with their child. Normally, the agency asks the court for an order requiring the father to pay child support and to give the mother full custody of the child. This means the father will have to file a motion with the court to establish joint legal custody of the child and requesting that the court establish a parental time sharing schedule. Many court systems provide the necessary forms for fathers to request the issuance of parental time sharing orders. If your court system does not provide such forms and you cannot afford to hire a good family law attorney, try asking the attorney how much it would cost for his assistant to draft up the forms for you to use as your own attorney. Pay the attorney a consultation fee so that he can explain how to file the papers and what do in court. Other low cost options include the use of paralegal services in areas where they are available. Once you file your motion to have contact with the child, it is very likely that you will be ordered to go to mediation to set up a parenting schedule. If mediation fails, the judge will have to order a time sharing plan.One problem many unwed fathers have when they are served with notice of a paternity action is not knowing the mother's address in order to serve her with the court documents required to establish parenting schedules. There are several ways to handle this problem. One way is to request that the agency filing the action serve the papers upon the mother (which they will sometimes do and sometimes won't). If the agency will not serve the mother with the motion to establish parental time sharing orders, the agency is generally bound to serve the mother with interrogatories served upon the agency. Interrogatories are written questions that the rules of civil procedure require litigants to answer. The first interrogatory is generally -- what is your name, address and phone number. If the mother refuses to answer this question, the case may be dismissed and the mother would lose all her welfare benefits and/or the ability to receive child support so there is a strong incentive to provide this information. There are a number of available options to find someone of the Internet.
Is there a regulation for army paternity leave?
Army Regulation (AR) 600-8-10 does not yet address paternity leave.
US ARMY ALARACT Message ALARACT 062/2009 ARMY GUIDANCE FOR PATERNITY LEAVE is the policy that explains the limitations and authorizations for paternity leave for active duty Army personnel. I have included the title of the message for quick reference to find the ALARACT. But this message was published 10 Mar 2009: paternity leave is only authorized for a married soldier on active duty, active guard and reserve (AGR) duty, whose wife gives birth to a child on or after 14 Oct 2008. Paternity leave is a non-chargeable administrative absence. Paternity leave legislation cannot be applied to single soldiers fathering a child out of wedlock. Also paternity leave will not exceed 10 days, must be taken consecutively and within 45 days after the birth of the child. (Although Soldiers deployed to areas with leave-restrictive policies in effect have 60 days upon returning from deployment to use the 10 days of paternity leave.) If not used within the stated timeframe, the leave is lost. This non-chargeable paternity leave is applicable to single pregnancies, to include those that result in multiple births (twins, triplets, etc.). The message aplies to births that happened 15 Oct 2008 and beyond.
President Bush signed into law on October 14 2008 the Duncan Hunter Defense Authorization Bill 2009(s3001) which mandates 10 days of paternity leave for military service members.
More information can alos be found in DoD Instruction 1327.06 dated June 16, 2009 which
states the following information regarding Paternity Leave:
"Paternity Leave. A married member on active duty whose spouse gives birth to a child shall receive 10 days of non-chargeable leave of absence to be used in connection with the birth of the child. This absence should be taken consecutively and within a reasonable amount of time following the birth." (p. 17, Sec. K [Non-Chargeable Leave], Para. 5 [Paternity Leave])
"...Additionally, Service members are authorized to combine a paternity leave of absence with R&R. The actual leave period at the R&R destination shall be charged to the Service member's leave account, except for the 10-day paternity leave of absence." (p. 16, Sec. J [Chargeable Leave], Para. 9 [R&R Leave], Subparagraph (d)) - particularly relevant to deployed soldiers!
How is a lipase test performed?
A lipase test is performed on a sample of the patient's blood, withdrawn from a vein into a vacuum tube. The procedure, which is called a venipuncture, takes about five minutes.
How is the fibrinogen test performed?
This test is performed with a blood sample, which can be drawn at any time of day. The patient does not have to be fasting (nothing to eat or drink).
I think you have to go with the paternity test to the hospital administration where he was born and have the paper notarized or signed by the judge, then they will change his name on the birth certificate and you must present all of this to the social security admin and to the courts and file for a name change with them.
When the child is born the father can sign the birth certificate and take a DNA test and prove his paternity in court so he gets his parental rights and can petition for custody, visitation and pay child support.
