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Can The Suspected Father Legally Demand a Paternity Test and Must I Comply?

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  • 01-03-2007, 10:06 PM
    MHB
    Can The Suspected Father Legally Demand a Paternity Test and Must I Comply?
    I live in PA and am currently 7 months pregnant. My ex-boyfriend knows that I am pregnant but stated that he wants nothing to do with the baby. If after the baby is born, he has a change of heart, can he go to court and demand a paternity test AND can I refuse it? I am happy, well adjusted and in a financial situation where I can afford to raise a child on my own and I really do not want any part of his influence nor do I want him to pay me any type of support as that may obligate him to attempt to be a father and I don't want anything further to do with him.

    What are MY rights to raising this baby completely on my own? I don't even WANT him to know that he is the father.

    Thanks in advance for your response
  • 01-04-2007, 03:08 AM
    rmet4nzkx
    Re: Can a suspected father legally demand a Paternity test and must I comply?
    He has a right to file to establish paternity, you both made that baby which is a lifelong commitment. Sperm banks exist if you don't want your child to have a father. In the future please choose potential fathers of your potential children with better care.
  • 01-04-2007, 04:40 AM
    MHB
    Re: Can a suspected father legally demand a Paternity test and must I comply?
    In response to your reply, me and the baby's father were together for 4 years. I broke things off with him before I realized I was pregnant. Since then he has told me that he wants nothing to do wth the baby (or me) and I have been planning my life to raise the baby on my own. He has done things to show me that he is not mentally fit to be a father. I just am choosing not to have him as part of our lives.

    I posted with an honest question, not to get a sarcastic reply in regards to going to a sperm bank.

    Again, my question remains, even though he can demand an establishment of paternity, do I have to comply and what if I don't? I feel that he has to show me that he wants to and is capable of being a father. I certainly don't want his money and have that floating obligation (for him) to be a part of his baby's life.
  • 01-04-2007, 05:06 AM
    rmet4nzkx
    Re: Can a suspected father legally demand a Paternity test and must I comply?
    Quote:

    Quoting MHB
    View Post
    In response to your reply, me and the baby's father were together for 4 years. I broke things off with him before I realized I was pregnant. Since then he has told me that he wants nothing to do wth the baby (or me) and I have been planning my life to raise the baby on my own. He has done things to show me that he is not mentally fit to be a father. I just am choosing not to have him as part of our lives.

    I posted with an honest question, not to get a sarcastic reply in regards to going to a sperm bank.

    Again, my question remains, even though he can demand an establishment of paternity, do I have to comply and what if I don't? I feel that he has to show me that he wants to and is capable of being a father. I certainly don't want his money and have that floating obligation (for him) to be a part of his baby's life.

    I wasn't being scarcastic, I gave you your options.
    If he petitions the court to establish paternity you will have to comply with the court's order/s that should be obvious.
  • 01-04-2007, 05:35 AM
    aaron
    Re: Can a suspected father legally demand a Paternity test and must I comply?
    If he brings a paternity action, the court will order DNA testing. If you don't comply with the court's order you can be held in contempt.
  • 01-04-2007, 07:56 AM
    MHB
    Re: Can a suspected father legally demand a Paternity test and must I comply?
    Quote:

    Quoting aaron
    View Post
    If he brings a paternity action, the court will order DNA testing. If you don't comply with the court's order you can be held in contempt.


    What happens if I am held in contempt?
  • 01-04-2007, 08:06 AM
    Just Breath
    Re: Can a suspected father legally demand a Paternity test and must I comply?
    15 years ago I was in a similar situation, though not identical. Now my child wants to know her bio father. Her father has known of her existence since prior to her birth and chose to ignore it. I chose not pursue paternity establishment through the courts as I believed that was in my best interest.....until now, however, I also thought it was in my child's best interest as well. Unfortunately, I may have been wrong. She has endured a lifetime of not only lacking a father's love, but not even being able to identify who her father is. Her birth certificate names no father and she has my maiden name. While I have no doubt that we will now successfully identify her father and establish paternity, it is unlikely that a father-daughter relationship will develop as he has made it clear that he still wants nothing to do with her. Nonetheless, she still wants to follow through with establishment.

    Bottom line, ethically your child has a right to know BOTH parents....whether they are fit parental material or not. In most, if not all states, that is the law. If you fail to establish paternity during the child's years of minority, it will be difficult for them, as adults, to successfully obtain a court order for DNA testing down the road. At least now your state's child support agency can represent your child's interests in this respect with little or no expense to you. The agency can seek paternity establishment and order support. If the father is proven unfit or does not want visitation, you can seek an order that limits or eliminates visitation.....but at least paternity will be established. There are MANY other benefits for doing this now. Not only will your child know who their father is, you will have established their legal right of heirship and social security benefits (if the father should die). But, most importantly, you will help your child establish their own identity....which, I've discovered, is very important to their self-esteem.
  • 01-04-2007, 08:12 AM
    MHB
    Re: Can a suspected father legally demand a Paternity test and must I comply?
    Just Breath. Thank you for your opinion. It does help me to see the other side of things. But I need to weigh every possibility before I make the final decision, so I will pose the question again...

    What if he does want to establish paternity and I don't care to persue it? If I am held in contempt, what happens?

    Can anyone help me answer these questions? Like I said I want to weigh every possibility.
  • 01-04-2007, 08:16 AM
    rmet4nzkx
    Re: Can a suspected father legally demand a Paternity test and must I comply?
    If a judge finds you in contempt, they can fine you and also put you in jail until you comply and in the mean time during your indefinite incarceration, CPS will make your child a ward of the court
  • 01-04-2007, 08:17 AM
    Mr. Knowitall
    Re: Can a suspected father legally demand a Paternity test and must I comply?
    Judges in paternity cases often also have jurisdiction to decide visitation and custody. One of the factors in custody decisions is whether a parent is trying to impede the child's relationship with the other parent. So think about the consequences before you get all stupid about obeying court orders.
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