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  1. #1
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    Apr 2013
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    Default Forced to Take Paternity Test

    Hello, I'm currently in a situation a previous girl I use to talk to had a baby it's currently 9 months old and me and here were sexually active and little did I know she had a boyfriend.

    she got pregnant later on and I asked her several times if it was mine and she told me no every time now that the farther she thought it was got a paternity test and it said he wasn't the farther now she is coming after me trying to get me to take a paternity test and make me pay child support.

    What are my rights to defend my self ?

    If I am the farther what are the chances I could get custody of the child ? She's not a very good person and can not even provide for the child without the help of government programs, I work and goto college have my own house wonder gf and a big loving family , not to be rude but her dads a acholic , she doesn't work or have a car and she don't even have a job and in the past she had to goto rehab.


    I'm just looking for legal advice ? She currently lives in Texas and I stay in Tennessee now. Thank you also the farther she thought it was still treats the child like its his but refuses to pay anything , and I feel she's only coming after me cause I work and have a promising career ahead of me

  2. #2
    Join Date
    Apr 2009
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    Default Re: Forced to Take Paternity Test

    Have you actually been served with papers?

  3. #3
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Forced to Take Paternity Test

    Your rights to defend yourself are to take the test to prove or disprove paternity.
    You may get visitation, but you will not get custody without extenuating circumstances. None of what you listed counts for those extenuating circumstances.
    Please study hard for your college level English classes, as it was very difficult to decipher what you wrote.

  4. #4
    Join Date
    Apr 2013
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    2

    Default Re: Forced to Take Paternity Test

    I have not been severed the papers yet, she's just been telling me she's gonna force me too so I'm trying to look into it cause this is very serious ,

    - - - Updated - - -

    Christina, what counts for extenuating circumstances ?

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

    Default Re: Forced to Take Paternity Test

    Mom has custody right now. In order to change that, you'll generally have to prove that Mom is legally unfit. If you think that Mom is LEGALLY unfit then the responsible thing to do would be to contact child services regardless of whether or not you're the father.

    See where we're going here?

  6. #6

    Default Re: Forced to Take Paternity Test

    Quote Quoting UnknownUser
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    Hello, I'm currently in a situation a previous girl I use to talk to had a baby
    She didn't get pregnant by talking.


    it's currently 9 months old and me and here were sexually active
    So it IS possible that you're the father?


    and little did I know she had a boyfriend
    That's why it's so important to KNOW people, well, BEFORE you start sleeping with them.


    she got pregnant later on and I asked her several times if it was mine and she told me no every time
    Presumably you know how babies are made. If you were sexually active with her during the time frame of conception, you're a potential father. Unless you had a paternity test that ruled you out, or unless some OTHER father's test revealed them as the father, then regardless of what she told you, you might have been the father. You could have sought a paternity suit of your own, and could still do so now. Or, you can sit around and wait for mom to possibly take action. This might be your child. You can either take action yourself and find out if this child is yours, or you can sit and wait and see what mom does. But be very clear that you're not a victim here and YOU can step up and take action of your own.


    now that the farther she thought it was got a paternity test and it said he wasn't the farther now she is coming after me trying to get me to take a paternity test and make me pay child support
    Right. Because the father of the child is the one who SHOULD be supporting the child. What's the issue here? If you sleep with people, this is a potential outcome.


    What are my rights to defend my self ?
    You have the right to seek paternity testing. If mom seeks testing, the test will either confirm you as the father, or let you off the hook, depending on the results. If you are the father, you have the right to seek visitation with the child, spend time with your child, be an influence in the child's life, and build a meaningful relationship with them. You can also expect the responsibilty of child support.


    If I am the farther what are the chances I could get custody of the child ?
    Unless mom is found to be unfit - meaning the child can be shown to be being abused or neglected, almost zero.



    She's not a very good person
    If she was good enough to sleep with, the court considers that your endorsement of her as a person. For that to change in the court's eyes now, there's going to have to be some substantial, documented reason that DIRECTLY impacts her ability to parent.


    and can not even provide for the child without the help of government programs
    That's why we have child support. BOTH parents are expected to provide for the child.


    I work and goto college have my own house wonder gf and a big loving family
    Excellent!


    not to be rude but her dads a acholic
    Meaningless.


    she doesn't work or have a car and she don't even have a job and in the past she had to goto rehab.
    None of which stopped you from having sex with her, and none of which will cause her to loose custody. Again, this is why you need to think long and hard about who you're having sex with - because the courts assume that individuals have free will to sleep with someone or not, and if they're good enough for you to bump uglies with, that's your endorsement. You don't get to come back later and list all their character flaws - you're expected to take those things into account BEFORE making babies with them. Same thing will work against her - the court isn't going to be interested in curbing YOUR rights regarding the child (if it's yours) because mom wants to come back to the court and point fingers at you about things SHE doesn't like. Just as you chose her, she also chose you, and SHE's going to be stuck co-parenting with you whether she likes it or not. The court is only going to be interested in MAJOR documented problems that would make either of you pose a DANGER to the child.


    I'm just looking for legal advice ?
    You can wait and see if mom actually files a case. You can also start a paternity action of your own, if you wish.


    Thank you also the farther she thought it was still treats the child like its his but refuses to pay anything
    If it's not his child, he's not responsible for supporting it.


    and I feel she's only coming after me cause I work and have a promising career ahead of me
    She could go after every millionaire in the country. But what MATTERS, is whether or not the child might has 1/2 of your DNA. If that's the case, then you are the CORRECT person to support the child - whether you have a promising career or if you're on unemployment or living paycheck to paycheck.

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