What Can A Possible Father Make The Mother Do, When Claiming Paternity

areyoukiddingme · #1 08-24-2007, 11:58 AM

A girl slept with two men around the same time she got pregnant. She was dating off/on one of the men at the time(not asking for moral opinions, just legal ones.) and the other was just a fling. A few months into the pregnancy, she decides to tell the "fling" that she is pregnant, just out of the simple fact that she did sleep with him around the same time, and she thinks he might be a possible father in this scenario. She does not ask anything of him, and tells him that she has her boyfriend and wants him to be the father and caregiver of the baby, and he wants to be there as well. (Men do not know about eachother and she would like to keep the "fling" out of it as much as possible). The "fling" is now seeking a lawyer and demanding she get a paternity test done on the child when the child is born. Is there any way that she can say no? Is the girl allowed to put her boyfriend's name on the birth certificate? Would that EXCLUDE the "fling" from potential paternity if another man CLAIMS the child so the "fling" doesn't have to? Can he hunt her down and make her do this? If the "fling" is labeled as the father, what happens with the names on the birth certificate? Does he have a certain time period in which to seek paternity testing or can he do it at any point in the baby's life??

Baystategirl · #2 08-24-2007, 12:32 PM

Quoting areyoukiddingme

A girl slept with two men around the same time she got pregnant. She was dating off/on one of the men at the time(not asking for moral opinions, just legal ones.) and the other was just a fling. A few months into the pregnancy, she decides to tell the "fling" that she is pregnant, just out of the simple fact that she did sleep with him around the same time, and she thinks he might be a possible father in this scenario. She does not ask anything of him, and tells him that she has her boyfriend and wants him to be the father and caregiver of the baby, and he wants to be there as well. (Men do not know about eachother and she would like to keep the "fling" out of it as much as possible). The "fling" is now seeking a lawyer and demanding she get a paternity test done on the child when the child is born. Is there any way that she can say no? Is the girl allowed to put her boyfriend's name on the birth certificate? Would that EXCLUDE the "fling" from potential paternity if another man CLAIMS the child so the "fling" doesn't have to? Can he hunt her down and make her do this? If the "fling" is labeled as the father, what happens with the names on the birth certificate? Does he have a certain time period in which to seek paternity testing or can he do it at any point in the baby's life??

The mother can't put anyones name of the BC. If the father of the child is at the birth he can sign the AOP and be placed on it as the father, but if you are aware that he stands a good chance of NOT being the father it would be fraud to sign this document.
The "fling" has every right to contest paternity and request a paternity test done. Mom may NOT refuse a court ordered DNA test without risking contempt charges.
I would suggest you get and established order for Paternity/Custody/ Child Support as soon as the baby is born to prevent any "unpleasantness" in the future.

areyoukiddingme · #3 08-24-2007, 12:47 PM

Can any man go up to a court and say "I'm the baby's father" and MAKE the mother get a paternity test? What proof does the court have to have before they'll issue a court order on this? It just sounds like a bunch of he said she said stuff if he can't PROVE he slept with her.

Just a curiousity question.

Baystategirl · #4 08-24-2007, 01:05 PM

Quoting areyoukiddingme

Can any man go up to a court and say "I'm the baby's father" and MAKE the mother get a paternity test? What proof does the court have to have before they'll issue a court order on this? It just sounds like a bunch of he said she said stuff if he can't PROVE he slept with her.

Just a curiousity question.

DNA is all the proof he needs. The mother is actively trying to cut this man out of the life of his potential child...he has every right in the world to prevent that.

Morally, how will Mom explain to her child when he finds out (AND HE WILL FIND OUT!) that "daddy" isn't daddy and she has been lying to him all these years?? And the bf she want to fraudulently sign the BC...At some point he will also find out...what will you do then??

Better to deal with this issue now legally and morally.

areyoukiddingme · #5 08-24-2007, 01:10 PM

The "fling" has a family of his own, a wife, and kids. The girl is not asking him to claim anything at all, and to just let her live her life with the man that "WANTS" to be there for the baby. How should she go about telling the boyfriend about the situation, now that she is due to have the baby any day now?

Can the "fling" have a lawyer scour local hospitals to find out WHEN she has her baby? Is that even allowed??? Can't she get the hospital to take her off the patient list if someone calls or asks??

Neal1421 · #6 08-24-2007, 03:00 PM

You do realize that he doesn't have to request the paternity test immediatly after the birth of the child, don't you? Even if he doesn't know when exactly the baby born, any time after the birth he can come forth and request the test be done.

It's time for someone to come clean with what they have done.

slide · #7 08-28-2007, 07:00 PM

Quoting areyoukiddingme

The girl is not asking him to claim anything at all, and to just let her live her life with the man that "WANTS" to be there for the baby.

If the fling is married, would it be ok if he took the baby away from the mother and let his wife raise it as her own? No. Why would it be ok if she does it to him?