My Fiance signed the birth cirtificate and now the "Real father" wants to get a dna test done even though he hasnt been around through my pregnancy and my delivery and told me he wanted nothing to do with me or this baby??
2006-11-09 19:56:53 · 8 answers · asked by Scared 1 in Pregnancy & Parenting ➔ Pregnancy
Yes he can as a parents right to know if the child is his. A man's name on a birth certificate doesn't prove he is the father. Maybe if you told your x b/f lawyer that he isn't the father then he might forget about it. Good luck!
2006-11-09 20:00:55 · answer #1 · answered by Jo 6 · 0⤊ 1⤋
Sorry doll, but yeah, he still has the right to get the a DNA test, whether you have had another mans name put on the birth certificate or not, think about it!!!
I hope it works out for you, its not a good situation, and if the real father isnt a nice man and you know he isnt a good father you should speak to the authoriries.
But sometimes men will surprise you, and if you deny the kid access to his father there is a chance that you will be the one that he is bitter against. You should let him see the kid and if he screws up once, then you will know that you tried. A child is always better off if they get to know their 2 real parents, and having an extra one is lucky.
Good Luck
2006-11-10 04:24:29 · answer #2 · answered by carrienicholson23 3 · 0⤊ 0⤋
To the best of my understanding, he can get a lawyer who will act on his behalf - and there could be a DNA test ordered by the court.
This could, of course, subject him to child support payments; and it could also win him visitation rights with the baby (since it is his biological child).
If you were married at the time the baby was born the person you are married to is considered the baby's legal father by at least some states. Since you are not married you didn't get that protection.
You need to talk to some lawyer to find out what happens if the matter gets to court and a judge asks who the father is and who signed the birth certificate and why.
2006-11-10 05:03:39 · answer #3 · answered by WhiteLilac1 6 · 0⤊ 0⤋
Yes, however, since you and your fiance are listed on the birth certificate, he needs your permission to pursue the DNA from the child. I am assuming that you are not going to willingly allow him access to your child's DNA information, so he will have to pursue a court order. This is going to cost him a pretty penny to go through the court. You can always tell him that if he takes the test and proves he is the father you will sue for child support. If he is not interested in being in your life for the next 18 years, then that should turn him away.
However, if he does get a court order for the test and he is the father, you can get in trouble for falsifying a legal document. He would have to prove that you knowingly lied, but he could still get you in major trouble.
2006-11-10 04:13:21 · answer #4 · answered by bashnick 6 · 2⤊ 0⤋
You betcha! And I hope he does.
Why on earth would you allow your fiance to sign the birth certificate? Don't you love your child enough to let him/her know his real father and know his medical and family history?
I'm sure you had your reasons but what if one day you're dead and gone. Say your child develops Leukemia and needs a bone marrow donor. Wouldn't you want them to be able to find his/her biological father and possible half-siblings to get a possible marrow match?
What about child support. If your fiance decides to leave or if you ever get divorced, all he has to do is say the child isn't his and then get a DNA test. Then he wouldn't have to pay support. At least if the real dad has the paternity test, you're guaranteed child support for 18 years.
Do the right thing for your child's sake please.
2006-11-10 20:47:58 · answer #5 · answered by PT C 2 · 0⤊ 0⤋
Yes he can, let him pay for it and when the results come back, let him pay the child support as well. When the issue of custody comes up and it will, at the hearing you advise the Judge of the circumstances surrounding your appearance, his not wanting to be involved, etc., then let the Judge set the terms. "Most", not "all" Judges are fair, usually in these type of instances. If there are all adults in this situation, other than the baby, it can work out for the best, hopefully.
2006-11-10 04:19:00 · answer #6 · answered by Bethy4 6 · 0⤊ 0⤋
He would probably have to go to court to force it, but then he'd be asked why he isn't paying child support. I suspect he is just trying to control your life, and get your fiance to leave you. Ignore it til the court papers show up at your door
2006-11-10 04:31:00 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Of course he can. You cannot deprive a parents rights to their child simply because you had someone else fraudulently sign as the parent of the child.
2006-11-10 04:07:19 · answer #8 · answered by John H 2 · 2⤊ 0⤋