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  1. #1
    Join Date
    Mar 2011
    Posts
    2

    Default How to Resolve a Dispute Over Paternity and Access to the Child

    My question involves paternity law for the State of: PA and NJ

    Hey last yr my gf at the time got pregnant and we were excited about having a child. Fast forward to 7 months into her pregnancy she and I break up and she stops taking my phone calls. After our child was born my family and I had to force our way into her house to see my daughter. At this time she proceeds to tell me that she doesnt want me to come around anymore because its not my kid and she moved away to live in the mountains in PA. That was in October. In early February I saw pictures of her daughter and she looks just like me and my family, I am hispanic and she is caucasian. What I was wondering is how would I go about trying to determine if her daughter is in fact mine. Some friends told me that I need to get a paternity lawyer but I really can't afford one but others have told me to go to family services/ state health services to file a 'writ of paternity'. Is going to one of these places a viable option and in which state should I go? NJ because that is where the child was born and I know her parents address or PA because thats where I reside and she now resides with the child but I do not know her current address?

    Thank You

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Not Sure What to Do About Paternity

    So...you are NOT the child's legal father and you forced yourself into someone else's house?!

    Dude if that's what happened, that is NOT COOL!

    Anyway.

    You can file in court to establish paternity. You will need to do this where Mom lives. You can do this yourself, without an attorney - but really, it's best that you save up some money to speak with an attorney anyway.

    You'll need to serve Mom where she currently lives, and you'll need to find her first.

  3. #3
    Join Date
    Mar 2011
    Posts
    2

    Default Re: Not Sure What to Do About Paternity

    Thanks Dogmatique, I was told that if I went to the state department of human/family services and filed their, they would track her down or they would send it to her parents house because that is her last known address. I guess that they were wrong. And its not cool what she did, she was cheating on me the entire time and ended up moving in with the boy but theres no way in my mind that two very pale caucasian people with blonde hair and blue eyes have a daughter that looks just like me with jet black hair, dark brown eyes, and a darker complexion.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Not Sure What to Do About Paternity

    have you ever seen the twins where one was negroid and the other Caucasian? There are true twins with the same parents. Looks can be very deceiving.


    anyway, you will have to file to have paternity established. Not knowing how long she has lived in either state involved, it's tough to make the call as to what state would have jurisdiction. How long has she lived in the state she currently lives in?

    and no, service to her parents house is not legally sufficient to institute an action against her. You will have to do some investigation to determine what her address is.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Not Sure What to Do About Paternity

    They will not track Mom down.

    That's not the State's job.

    While it may not have been cool of Mom to run away, unless you were married when she had the child (or, you were unmarried but had custodial/visitation rights) she had the LEGAL right to do what she did.

    You didn't have any legal right to barge in without permission. Y'know?

    I'm not unsympathetic to your plight, but this is about the legalities

    So. You need to file in court to establish paternity. Alternatively, file to establish child support - they may be able to help you establish paternity but once again you'll need to know where Mom is.

    They're not going to track her down.

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