Paternity Not Proven, How Can I Courts Request Pendente Lite Child Support?

[fourxmyerss]

My question involves a child custody case from the State of: I live in Virginia but the child lives with her mother in Maryland.


I never had a relationship with this woman; we did have a few sexual encounters in which a child could have been conceived. I know if I have used protection then this would be an issue, but you live and learn. My concern is that she was involved in a relationship with another gentleman which could also be the father of said child. I have on several occasions asked for her to go and have a paternity test done as if, I’m the child’s father I plan to seek joint physical custody and joint legal custody. I'm not a dead beat dad if this little girl belongs to me I want myself and my family to play an active part in her life. I've seen her once, I don’t think she looks like me but it is possible I'm her father and she doesn’t carry my features. Because I know there is a chance I'm her father I have sent baby formula, clothes, hygiene items, etc, no money as of yet since I refuse to pay her mother money until we are positive she is mine. I've asked to see this little girl but the mother wont allow it unless I come alone, she is well aware I'm married and not to mention she has verbally abused me and my wife. I refuse to put myself in a situation that could end up physical. One other thing I did contact the courts and social services when this woman contacted me stating she was pregnant, three months after our last sexual encounter, as to what I could do to begin a case. I was told I had to wait on the mother to file as all I had was a potential mother’s name no date of birth and a previous living address for her. Even after she called me stating the child was born and what her name was the courts stated wait on her. ALL I KNOW IS THE SYSTEM SUCKS FOR PATENTIAL FATHER! Now if I'am the father I could be subjected to arearages, after the courts/social services have take two years to get the ball rolling. I'm sure there aren't many fathers out there searching help but the system is only set up the help the moms out there in my eyes. I'm sure I could have paid a high dollar lawyer to force her to get paternity a while back but I don't have money like that. I'm married and have three children that I know I'm the father of in which I support and play an active role in their life.


As of now after two years we are in the process through Virginia courts, I’m now awaiting paternity results. This was done through the child support division as she filed for support in Maryland and of course Virginia is handling this end as I live here. When I was summoned to court I was finally able to request paternity testing.

It is my understanding that Maryland law states I have no legal rights to this child until paternity is proven. My question is how can the Maryland courts now summon me to court stating the mother is requesting pendente lite child support if we don’t have paternity results?

[aaron]

They can summon you to court over her petition, because she has filed the petition. Did you expect that they would entertain her petition without giving you the opportunity to appear and defend?

[fourxmyerss]

No, I didn't they wouldn't give me the opportunity to appear and defend myself, but the courts confuse me. I can't do anything without her filing but therfore can request child support of any kind without paternity being proven.

[lwpat]

Normally what a court does is to order you to pay the money to the court to be held until a determination of paternity. Since you are awaiting the results, I would have an attorney try to delay the hearing until you know for sure. If you are the father, the court will probably award child support from the time of filing.