My sisters ex was just released from prison a week ago. He Has no clue if he is the father of her son. My sister has already had a paternity tet with the other guy that may have been the father and he wasn't so my sis knows for sure that her ex is the father. He is demanding a test and wants to make himself apart of her sons life. Can he force a test? He is not on the birth certificate and he has never contributed to the child. My sister doesn't want him around mostly because she chose to be a single parent and doesnt want interference.
2006-10-20 07:23:12 · 8 answers · asked by Chelle's Belle 4 in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
He was in prison for the sell and use of narcotics. In other words he was a drug dealer and as far as I can tell is falling back into it.
2006-10-20 07:28:51 · update #1
And no she does not want his support. She won't except any thing that he is offering her now that he is released. She will not use drug money.
2006-10-20 07:30:38 · update #2
He already has male role models in his life, they are his uncle's and grandfather. She does not want his negative influence. He already has 2 children that the mother will not allow him to see.
2006-10-20 07:34:45 · update #3
yes , he can take her to court and the court will order a test done, and if he is the father then he can be a part of the childs life , nothing your sis can do about that, however depending on what he was in prison for the judge could make sure that he can't be alone with the child
2006-10-20 07:26:43 · answer #1 · answered by Anonymous · 0⤊ 1⤋
My sister went through something like that. If the child is over the age of 3 or 4 then he has no right to the child. However he can demand the test. She will have to take it. Then if he brings it to court then he still won't be able to see the child if the chld is over 3 or 4. Or if ya sister can prove reason why he is unfit. However the good thing is. Even if she goes to court and all. They'll make him pay child support even though he doesn't get to see the child. GOOD LUCK
2006-10-20 14:29:14 · answer #2 · answered by Sondra 3 · 1⤊ 0⤋
In maryland, he can issue the courts to grant him a paternity test and if it is positive he has every right to be inthat childs life, granite what the judge issues.
B/c of his prior background the judge probably wont grant him custody or anything but he will still have visitation rights and so forth.
If your sister was smart she would get the test issued for the ex and see the truth. Also she will be able to receive childs support which im sure she could use. I think that a child should at least know the father whether he is pond skum or not. Its better to know a father than to not know one at all. You never know the ex may surprise her and be a pretty decent dad. But who is she to say that he shouldnt at least receive a chance.
2006-10-20 14:34:27 · answer #3 · answered by Kit 4 · 0⤊ 1⤋
I suppose he can get a court order to get the DNA test and she'd be forced to have it done. I don't think there is anything she can do, unless she has a good lawyer and can prove he would be an unfit father. Something tells me she's in for a fight, but if he just got out of prison and has a record, she might have a good chance. But what do I know! Good luck to her!!!
2006-10-20 14:26:50 · answer #4 · answered by farmersdaughter 4 · 0⤊ 0⤋
Yes he can get a court order. If his crimes were severe, she may be able to keep him out her child's life or supervissed visitation with a social worker present. She must also realize that she would be cheating her child if she opts for the father not to be involved. He does not need to be a part of her life. I didn't want my sons dad around when he was born, but had to deal wiith him anyway, although he was not a criminal. My son is 12 now, and I think it is great that his dad likes to be involved in his life.
2006-10-20 14:31:51 · answer #5 · answered by TLC 1 · 0⤊ 1⤋
It sounds like your sister is only demanding his financial support, and not anything fatherly. In that case it becomes a purely financial matter, your sister is demanding payment of a debt and therefore this man is asking for proof that the debt is indeed his to pay. He's perfectly entitled and the fact it isn't someone else's isn't enough proof for him. What if there was a third? (I'm not calling your sister here, but if there were two options then this guy is obviously thinking "just how many guys was she foolin around with")
2006-10-20 14:27:24 · answer #6 · answered by rchlbsxy2 5 · 0⤊ 1⤋
Fathers have rights too.
I think he could force a test if it goes to court.
She needs to consult with a lawyer and document why he should not be in the childs life.
2006-10-20 14:26:04 · answer #7 · answered by OOgaCHucka 2 · 0⤊ 0⤋
YES I BELIEVE HE CAN,BUT HAVING SAID THAT WITH A CRIMNAL RECORD,SHE SHOULD HAVE NO PROBLEM IN A COURT CASE TO HIM AWAY
2006-10-20 14:28:11 · answer #8 · answered by griffin371 2 · 0⤊ 0⤋