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Paternity Law Issues relating to establishing and disputing paternity, DNA testing, and associated matters.

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Old 09-24-2008, 08:18 PM
confusedman1985 confusedman1985 is offline
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Unhappy Mother Denied a Paternity Test
My question involves paternity law for the State of: South Carolina

I am bein harrassed by this female for child support for her son...I do not deny paternity at all infact I really want a paternity test so that I can prove that this child is mine or not.However when I repeatedly asked the mother for a paternity test she said NO each time,so my Sgt Major(im in the marine corps) told me to type up a letter saying that she denies wanting a paternity test and both of our names are signed and dated on ths document,and yet she still harrasses me for CS.She is causing me to look bad and seem like i am running away from possible paternal responsiblities.What legal rights do i have as far as still wanting to get a paternity test and stopping the harassing phone calls from her?
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Old 09-24-2008, 08:54 PM
Xena Xena is offline
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Default Re: She Denied a Paternity Test
Quoting confusedman1985
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My question involves paternity law for the State of: South Carolina

I am bein harrassed by this female for child support for her son...I do not deny paternity at all infact I really want a paternity test so that I can prove that this child is mine or not.However when I repeatedly asked the mother for a paternity test she said NO each time,so my Sgt Major(im in the marine corps) told me to type up a letter saying that she denies wanting a paternity test and both of our names are signed and dated on ths document,and yet she still harrasses me for CS.She is causing me to look bad and seem like i am running away from possible paternal responsiblities.What legal rights do i have as far as still wanting to get a paternity test and stopping the harassing phone calls from her?
The letter you signed is worthless, legally.

You have the right to file in court to establish paternity. You can request a court ordered DNA test. The court will order the mother to cooperate with the test, if she doesn't she can be held in contempt of court.
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Old 09-25-2008, 08:09 AM
UnwedDad1977 UnwedDad1977 is offline
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Default Re: Mother Denied a Paternity Test
What you need is not to type up a letter but an affidavit, stating you want a paternity test and the mother does not, and have it signed by a public notary. Has this woman filed a paternity action against you? If the harrasing calls continue you have the option of reporting it to the police. If YOU really want to know if this is YOUR child, I would highly recommend you, if the mother has not done it, to file a Petition for the Determination of Paternity and Related Relief in the judicial circuit of your county court. You will file the affidavit at the same time you file the petition.

You can:

1. Hire a lawyer to do everything for you.

2. Get down to work, learn the Law, and file yourself.

Best,

UnwedDad
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Old 09-25-2008, 09:14 AM
confusedman1985 confusedman1985 is offline
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Default Re: Mother Denied a Paternity Test
thank you guys so much for your response...it was very helpful and now im going to move foward and fight for what's right..and that's the paternity for me and this baby.
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Old 09-30-2008, 12:29 AM
Tez Tez is offline
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Default Re: Mother Denied a Paternity Test
I would like to add a little personal something to the answers already given.

For the first three months of my childs life, my child lived with her mother. I paid for everything she had. The mother had no income and could not support the child but would not allow a paternity test to let me prove I was the father. I wanted to prove I was a father, and not simply a putative father, so that I had my parental rights.

My best piece of advice to you, which you don't have to take, is to file for visitation rights. If you want to see your child this is the best way. If the mother denies you are the father, the court will order a DNA test. There is also another way. A DNA test can be done without the mothers consent. A company out of Ohio called DNA Diagnostic Centers, or DDC, will arrange the test for you in the city you live. What this requires though, is a definate date of a visitation so that you may bring the child. Here in Pennsylvania, the cost was $545 for 1 child and the father. As different states have different laws concerning chain of custody on these specimens to make them able to hold up in court, the cost can differ from state to state.
The number for DDC if you are interested is 1-800-DNA-CENTER
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