Is there anything I can do to prevent the paternity test if the petitioner is in prison, has no lawyer, filled out the petition papers himself?
2006-09-24 05:38:51 · 16 answers · asked by bbgrl39 2 in Politics & Government ➔ Law & Ethics
maybe i should add that i am the mother, and the petitioner has ordered pat test. i dont want to take one, because i don't want him to be on her BC.
2006-09-24 05:43:49 · update #1
One assumes that the putative father has ordered you to produce the child to have a DNA sample taken for the purpose of proving that HE is the father.
The only way to avoid that is to appeal. But in this day and age, when biological offspring and parents are deemend to have the right to know each other -- even, often, in case of sealed adoption records -- I think appeal is futile, although it may delay things. It's also a bit complicated for a non-lawyer to fill out the papers. The court clerk might give you forms and samples.
The worst of it is that you are unlikely to get child support from a prisoner, now or ever -- even after he gets out.
If you have the means to do so, you might want to move to another state. The child's "habitual residence" is where s/he has lived for the previous six months. You cannot change that habitual residence to the disadvantage of a complaining parent; but I doubt whether a prisoner has grounds to complain.
Of course he might later seek a court order to force you to bring the child to visit him. All the more reason to move to another state while you still have that option.
2006-09-24 05:51:16 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I don't think there is anyway out and I know this may be difficult if you think he is the father of your baby and he happens to be a nasty bit of work.
Hard as it is you should just take the test. I mean your child does have the right to know who its father is and this could avoid some difficult questions as they grow up.
I don't know but your real fear may be that he has contact with your child later on in life? Well that will be a different battle and your actions now may have an impact... at least if you cooperate now and also with him being in jail... well that could all work in your favour in the long run.
Its a tough situation but like previous answers unless you go on the run the best you could do is hold it up and eventually you will have to give in.
Good luck!
2006-09-24 13:15:25 · answer #2 · answered by â?¥MissMayâ?¥ 4 · 0⤊ 0⤋
Your best course of action is to consult an attorney and see what your actual options are. My first reaction would be that if a judge has signed an order compelling to to take the test, that it would be contempt of court to ignore that order without going through proper channels -- this is why you would need an attorney to advise you based on the particulars of your situation.
2006-09-24 15:06:42 · answer #3 · answered by ? 6 · 1⤊ 0⤋
It sounds like you know this guy is the kid's father anyway, don't you? You just want to deny him any rights as a father because he is a jailbird.
If you didn't sleep with anyone else, and you know he's the father, you might as well acknowledge it if that's what he wants. Then you probably wouldn't need the DNA test.
2006-09-24 13:11:10 · answer #4 · answered by y_nevin 2 · 0⤊ 0⤋
Hey if he is the father he has as much right to be on the BC as you do, if you didn't want him as a father to your child why did you sleep with him unprotected, unless of course it was rape in that case you may have rights.
Is he also willing to pay for the test I heard it can cost up to 5,000 dollars to have this done.
2006-09-24 12:49:03 · answer #5 · answered by Neptune2bsure 6 · 0⤊ 0⤋
In general if the court has ordered the test unless you can prove a reason not to, no you have to take the test.
And of course if you are not the father, it should not matter, if you are the father, you have legal responsiblity.
So I would say the court will force you to take the test.
2006-09-24 12:42:25 · answer #6 · answered by Anonymous · 0⤊ 2⤋
Well, he is the father. Why would you not want him to be on the birth certificate? He was good enough to have a baby with, why not list him as the dad?
2006-09-24 13:08:58 · answer #7 · answered by Khandee K 3 · 0⤊ 0⤋
If it's court ordered, then you can file for an injunction,& an appeal to the court order.
2006-09-24 12:51:00 · answer #8 · answered by scott m 4 · 0⤊ 0⤋
if papers were filed for a test they will find you,it dont matter if you filed or your lawyer
2006-09-24 12:43:47 · answer #9 · answered by just_me_1955 5 · 0⤊ 0⤋
No, you can't avoid it...Just do it and pray that you get the results you want!
Or if you wanna be famous, go on Maury! :)
2006-09-24 12:42:26 · answer #10 · answered by Uh-May-Zing 5 · 0⤊ 0⤋