My fiance dated this girl a little less than a year ago..and it was just for two weeks, well, she got pregnant and had a baby and is sueing my fiance for praternity of the baby and child support if the baby is proven to be his. He is willing to do this, but he has heard through the grapevine that she is on drugs and has been on drugs...if he goes for the praternity test, does she have to be there? And if so can he ask that she be drug-tested right then? If she fails the drug test and the baby is his, will he be able to get full-custody of that child? He has a job, we have a 3-bedroom home that just him and I share, and he would be proven to be fit as a father.
2006-09-26 15:51:07 · 15 answers · asked by adaley 1 in Family & Relationships ➔ Family
the paternity test is just a blood test done at a DR office. Then the blood is sent off for testing.The testing lab compares the childs blood to both parents. My son's blood test sample was done when he was born.
He could serve her for custody of the child. The lawyer could dig up crap on her. No one can force any other person for a drug test
2006-09-26 15:54:49 · answer #1 · answered by krayzmom 4 · 0⤊ 0⤋
Well, first of all i am not sure what the laws and stuff are where you live...Is this going through the courts??? Where i live when someone files a court petition for paternity and support, first she has to prove he is the father then she has to file for support...But on his end, he would have to file a petition against her to try and get custody after the paternity test come back as his...He would have to have actual proof that she is an unfit mother..Not just hearsay so to speak... He can request drug testing, but even then I have seen some weird cases like on television and have read about some cases where the mother did do drugs and still got to keep her children...It's usually is hard to have a child taken from their mother unless you can absolute for sure prove she is unfit. But I think it will all depend on your states laws and the court system... Also make sure that if you find he is the father always think of the child's best interest, or what's best for the child first before all else.Cause if she is a fit mother then the child is best to stay with the mother and your fiancee always has a legal right to visitation. I would highly recommend you talk to a Attorney.
2006-09-26 16:16:18 · answer #2 · answered by Babydoll 1 · 0⤊ 0⤋
Heck, if she's on drugs, the child doesn't have to be his. I mean, yes, I would demand the paternity test and if she is the one insisting on it, she will be the one who has to pay for it (average about 500.00). If she can be proven to be a drug addict (and with the right attorney he can demand a drug test) he could feasibly get full custody. Either way, even if the child is not his biologically, he would be doing him or her a great service by proving the mother to be unfit. Maybe the true biological father (him or someone else) would have an interest in raising the baby in a stable environment. I say fight for that baby regardless of whether or not it turns out that he's the father. We have too many forgotten children as it is. If nothing else, he is a fit parent and he could at least be awarded shared parenting. That way if she proves herself to be unfit as time goes by, he can go for full custody. Really, no matter what anyone tells you, keep in mind that this is an innocent child and not a commodity. He or she is worthy of a decent upbringing. The law can be intimidating but you would be surprised at what tenacity can get you.
2006-09-26 16:00:54 · answer #3 · answered by justme 3 · 0⤊ 0⤋
I think it goes beyond the monetary reasons. Parents who fight so bitterly for full custody rather than a shared custody do so to punish each other and do not consider the well being of the child. Sometimes it's because of alienation with the child due to the their replacement by a step parent. It goes beyond selfishness to revenge by using the child as a weapon. It is so very sad because it damages the child for a lifetime. I've often thought that there should be a license issued before a person can bring a child into the world. We have to get permits and licenses for everything else but not for that which is most precious.
2016-03-18 01:44:56 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Having a DNA test done is solely to determine the father of the child...nothing more.
It's her way of roping him into paying child support. Most likely, that is all she wants...his money...and no intention of letting him be part of the baby's life.
No one is present at the paternity test except for him and the tech that does the test. Then it is sent off, the results are returned, and things go from there.
If drug abuse is suspected, then you can either make an anonymous call to DHS about her, or wait until the paternity hearing.
He does have a right to fight for some sort of custody or relationship for the child...and could mention the drug abuse possibility there...but, myself, I'd be calling DHS to share some anonymous info and find out then.
If the baby is his, once he's gone through the process of becoming approved as a parent, then the baby could be placed with you.
2006-09-26 15:56:16 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Well if the baby is his he could go for joint custody or Visitations. To get full custody he’d have to prove that she was unfit to be a mother. Sadly many times courts favor the mother over the father so its take something big to have them grant full sole custody to the father. If it can be proven she is unfit or the Baby life is not save with her, then he’d have excellent chance of getting custody. Also the fact you are getting married could be a pulse. Despite that there are all kinds of families , a traditional family (Married parents and kids) is most popular.
2006-09-26 16:28:06 · answer #6 · answered by Spread Peace and Love 7 · 0⤊ 0⤋
I swear I just read my own life story!! Going through the same crap!!
No, she will not be at the DNA testing. They set up different times for her and the baby to get their testing done. Then it takes 4-6 wks for the results. No, he can't ask for a drug test on the mother to the clinic. He would really have to have an order from the court ordering her to get a drug test. Your best bet is to ask for a hair follicle drug test. But without a court order the mom doesn't have to submit to anything of the sort. He needs to get an attorney ASAP so he doesn't get totally screwed! The attorney can get him full custody possibly. Hopefully he'll be granted an order for her to do a drug test, but don't get your hopes up to high on that one. We've been waiting for a drug test on my husband's daughter's mother for 6 mos.!! And we know she smokes pot frequently becuz one of the people she parties with told someone we know!! The mother has just been a complete pain in our rears! She's an habitual liar, skanky, two-faced, BSer that I could just kick my husband up side his head for not using any protection when he slept with her!! But then we wouldn't have his daughter (his one and only child!) who I just get a big kick out of!! Good Luck and I hope she's nothing like our baby's mom!!
2006-09-26 16:13:10 · answer #7 · answered by yokrem 2 · 0⤊ 0⤋
She will not be there for his paternity test. Why would he want to have full custody? Has he even seen this baby? Did he know the mother was using drugs when he had sex with her? Does he admit he may be the father? Why would you hop into bed with someone you knew less than 2 weeks.
I think you need to run for the hills. Save yourself!!!
2006-09-26 15:57:51 · answer #8 · answered by happydawg 6 · 0⤊ 0⤋
That's a tough situation. She is the baby's mother & she's been there since the baby was born. I'm sure if she were onl drugs & he could prove it he could get custody if he proves her to be unfit, but I wouldn't expect it to happen overnight.
As far as her being there when the test is done, as the baby's legal guardian she has every right to be there.
2006-09-26 15:55:22 · answer #9 · answered by Michelle *The Truth Hurts 6 · 0⤊ 0⤋
well if the baby is proven to be his, he can get evidences to prove that the mother is a drug dependent and fight the case in the court. however in court a child below 7 usually is that custody of the mother but if it is proven that she is into drugs he surely will get the child custody because as you say the mother is not capable of raising the child in the case of the mother should may be put into a rehab center, cured and when for sure she is ok and was able to get a job that could support the child she surely get visitation rights. and by the age of seven the child will be given a chance by the court to choose to whom will she stay with her father or with her mother
2006-09-26 16:02:27 · answer #10 · answered by Anonymous · 0⤊ 0⤋