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  1. #1
    Join Date
    Feb 2006
    Posts
    7

    Default Can a father make the mother consent to a paternity test?

    I have the feeling the mother of the child in question is going to do everything in her power to prolong getting the test done. She's already put it off for 4 years. We live in Chicago and she knows my fiance can not make it there to take her to court. I have now contacted 3 lawyers and have yet to hear anything back. We're stuck and don't know what to do.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Paternity Lawsuit

    As far as I know, the only way you can compel a DNA test is by filing a paternity lawsuit, and having the court order the test.

  3. #3

    Default

    Was he married to the child's mother? Does he want to be the father? Is he paying support on the child?

  4. #4
    Join Date
    Feb 2006
    Posts
    7

    Default paternity

    No, they were not married. He does and he doesn't. He wasn't really around all that much when the baby was younger. She decided when she thought it was ok for him to see him. They were very on and off. He says in his heart he, nor does his family, feel that the baby is his and he just wants to put it behind him. but if he is the father, he does want to be a part of his life. She has never asked for child support. When the baby was 2 she took him to court for a restraining order..out of the blue...and proceeded to tell him the baby was not his. the judge told him not to see the child or pay any money until a paternity test was done. He went and took his half of the test. She never took the baby.

  5. #5

    Default

    If he does pursue the paternity of the child and is found to be the father then he will have to pay support for the child until the age of 18 or later. Could he get a private test and test the child himself without anyone knowing? The kit is free and you don't pay anything until you send it in for testing.

  6. #6
    Join Date
    Feb 2006
    Posts
    7

    Default

    We live in Chicago. They live in Florida. He hasn't had any contact with the child in a little over a year now. I have talked to her recently and offered to keep this out of court and pay for the paternity test to be done. She said no...she wanted it done through the courts. Knowing that that would just prolong the whole thing I'm sure. Her lawyer advised her NOT to get a paternity test when the whole thing happened when the baby was 2. I can't for the life of me understand why he would do that. I've now contacted a lawyer and it's going to cost $2000 just to start the court process!! She refuses to do any of this out of the courts.

  7. #7

    Default

    He could just have himself and the child tested. She doesn't have to be tested at all. Now this wouldn't be done through the court and if it was found either way you could then have it done through the court. You would swab the inside of the cheek. Otherwise you will have to go through the courts to find out the truth. Maybe she doesn't really believe he is the father. Why wouldn't she want to know the truth?

  8. #8
    Join Date
    Feb 2006
    Posts
    7

    Default

    I agree. She probably doesn't believe he is the father. I guess we have no choice but to go through the courts. There is no way to do it otherwise. He doesn't see the child being that he's in Florida. But I appreciate your help.

  9. #9

    Default

    JMHO, but let the "father" make the decisions. If there is a chance that he is the father, he needs to be the father. Not just someone that throws money the childs way everyweek. Maybe he is the father and the mother wants more for her child. If it turns out to be his child then he will have to pay to support the child. That will be less money for you and your family. It's tough to swallow when your spouse is paying for a child and you can't make ends meet. Please come back and let us know how this turns out.

  10. #10
    Join Date
    Feb 2006
    Posts
    7

    Default

    Well, the reason we want to go through with this so badly is because my fiance grew up without a father and he doesn't want the same for this child if it does turn out to be his. He wants to be a part of his life. The money is definitely not an issue. We have an attorney and the matter is going to be resolved very soon. Thanks for your help. I'll keep you posted.

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