The child in question is 7, the mom tells us that she is his all the time, sends pics, emails, etc. She will not however give hima DNA test, she has already had her now husband sign the b.c. My brother wants to be a part of this childs life, is willing to pay child support and willing to pay for the DNA test. She still says no. Does he have any legal grounds? Can He petition her in court for the DNA test, even if someone else is on the Birth certificate?
2007-01-14 14:43:11 · 12 answers · asked by simply dee 2 in Family & Relationships ➔ Marriage & Divorce
Hello, in my opinion yes he can, copy the pictures & the emails out so the judge can see them also & if she knowingly falsefied a gov. docment like the Birth Cert. then she can also be charged which if I'm not wrong is a felony ; I would get me a lawyer & find out everything first but I would most definatley print out the pic. & emails saying the she is his. But remeber he might have to also pay back child support also .
Good Luck & Best Wishes
May GOD Bless You & Yours
2007-01-21 09:47:29 · answer #1 · answered by sweettexasangel12001 2 · 0⤊ 0⤋
I would suggest that your brother go and seek advice from a lawyer or even go to the JDR courthouse and ask a clerk. If he has a desire to be part of the child's life he can file for either custody or visitation or both. That should get the ball rolling and when it goes to court he can explain to the judge the situation.
There might be a second way,
If he gets to have visits with the child currently, he might be able to take the child to his family doctor and explain the situation. They may be able to do the test. It would be admissable in court I believe.
The third way is a bit much...
There are daytime talk shows that do DNA testing, but of course the whole story would air on television. If that were an option that he was interested in, DON'T GO ON JERRY SPRINGER. I recommend Maury because he actually wants to help.
I think he has grounds to petition the court for a DNA test. Look at the Anna Nicole story right now of her newborn daughter. If he turns out not to be the father, the court may very well have her and her husband pay. I recommend that he collect the pics, emails, tape calls if possible and have it ready for the lawyer and or judge to look at.
2007-01-15 01:26:01 · answer #2 · answered by Aesea 3 · 0⤊ 0⤋
There must be a reason why the mother will not give him a DNA test maybe she is saying that the child is his because she doesn't want to let him go also come on if the child has known this man that has been takeing care of her for 7 years then why break up her relationship I think your brother should wait until the girls gets older then let her decied what she wants to do
2007-01-22 19:11:48 · answer #3 · answered by sharktale33 1 · 0⤊ 0⤋
I'm not a lawyer, but I do know that if he is paying child support he is entitled to a DNA test, however, if he isn't and someone else is on the birth certificate then he is going to need some solid evidence of her claiming him the father. Also keep in mind that if he is shown to be the father then 20% of his income will go to her for child support for the next eleven years. Not to mention the trauma that the child will be put through. Maybe it would just be best for your brother to just let it go and move on.
2007-01-21 17:55:32 · answer #4 · answered by Juan C 1 · 0⤊ 0⤋
Yeah honey if your saying these two might be brothers then yeah he can and the mother has no say about it if he takes it to court and the Judge rules in his favor and demands a DNA test be taking
2007-01-22 15:06:56 · answer #5 · answered by Fighting Irish Lass 3 · 0⤊ 0⤋
I say go to the court house in that town and find out
why not
I would want to know my really daddy-if I were that baby/child
I hope it works out for you
Just stay calm and if you meet the child always be positive
and do not speak poorly of it's mom & "dad" - you will be the hero
2007-01-20 19:18:24 · answer #6 · answered by Vicki 2 · 0⤊ 0⤋
I dont see why not... He has every right to do so and if he has to go to court to get it done so be it... He has the right to know if he is the father or not.... Yes even if someone else is on the certificate he has this right... He also should consult a lawyer about this and see what his rights are as well.
2007-01-14 22:49:37 · answer #7 · answered by Lady Hewitt 6 · 1⤊ 0⤋
I believe he can. It his right to know.
Take it to court.
Honestly it sounds like your brother is not the father, but she wants him to be the father because she knows that your brother will pay child support. Why else would she be so defensive?
Good luck!
2007-01-20 19:59:13 · answer #8 · answered by jen 2 · 0⤊ 0⤋
Yes absoluetly
He needs to seek legal advice......if she is claiming the child to be his, then he is entitled to a DNA test to prove it.
Have a order served on her
2007-01-14 23:30:07 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I don't know what he can do legally but it's great to see a man want to be there for his child!
2007-01-19 11:06:32 · answer #10 · answered by christina c 2 · 0⤊ 0⤋