My boyfriends ex is saying he's the father of her boy. He doesn't think he is but to may sure he paid for a paternity test that she failed to show up to twice. At first she told him she had no problem giving him the test but now refuses to do it since she had the baby. He's going to sue her for a test but we just want to know what all he can sue her for such as:
1. payback for the test he already paid for
2. paying for the new test
3. our attorney's fees
4. court cost
Can he sue for and get all that? Is there anything he can sue for we haven't thought of? She told numerous ppl it was his and there was no way he wasn't the father and then proceeded to tell ppl what a deadbeat he was and how he didn't help her. Truth is that he did try to help her and she wouldn't let him (I was friends with him at the time so that's how I know). So is that too much to sue for and can he actually be awarded it all?
2007-03-14 07:23:02 · 9 answers · asked by L 1 in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
She also will not allow him to see the baby... he's never got to see it in person
2007-03-14 07:23:36 · update #1
I already know he'll have to pay child support if it's his... i want an answer to the question i posted... not a lecture... unless she was further along it is NOT his child... the doctor would've had to been off by nearly a month and she had the baby 3 days before her due date... so chances are VERY SLIM that it's his
2007-03-14 07:31:02 · update #2
ALSO THANKS TO THOSE OF YOU WHO ACTUALLY ANSWERED MY QUESTION
2007-03-14 07:32:08 · update #3
He can add in time missed from work
He can add court costs (Filing fees, form preparation etc)
Definatley the costs of the tests
And attorney's fees...
But while he's at it...if he has an attorney and all that already...file to get a court ordered paternity test so that he can find out if it's his child or not and if it is...he can also sue for joint or full custody.
If she doesn't show up for the court ordered test...she can be arrested.
At least that way, you'll know for sure, one way or the other.
If it IS his child, which it's sounding iffy since she won't show up for the test, he has every right to see her and be with her and visit with her...
It sounds like his ex might be a little bit of a hoe bag and maybe she thought that he'd never buck up and pay for the test so she ran off at the mouth...but now that he manned up, twice, she may be afraid to take the test cause she'll have to eat her words and explain why the kid isn't his after she talked all that s.h.i.t.
Nail her to the wall. She can absolutely be liable for attorney's fees and court costs at the very least since it's her neglegence and slanderous yapping that dragged you all to court in the first place
2007-03-14 07:33:09 · answer #1 · answered by Anonymous · 2⤊ 1⤋
He cannot sue her for any of those things. All he can possibly do is get a court order, ordering her to have the paternity test done. If he is in fact the father, and unless its been proven or can be proven that he is a dire threat to the child, he has paternal rights she cannot take away from him. This is messy and complex, and its recommended you get a family lawyer involved.
2007-03-14 14:33:23 · answer #2 · answered by Sane 6 · 0⤊ 1⤋
I think that he could probably get some money back that he spent. From now on though, he shouldn't do anything unless she gets an order to legally submit to a paternity test.
If he knows the people that she told that he was a deadbeat, he should talk to them and let them know the real story.
2007-03-14 14:52:30 · answer #3 · answered by jack russell girl 5 · 0⤊ 0⤋
Obviously 'Sane' has NO IDEA WHATSOEVER of what he's talking about. Of course you can... I'm actually going through an ironically similar situation (so similar it's scary) and we talked to a lawyer and he said all systems go on suing for everthing you just posted. I don't know where you live so I don't know if it would be the same but it should be. Also if it's not his, he can also sue her for slander and defamation of character. Good Luck and I hope it's not his...
2007-03-14 14:46:59 · answer #4 · answered by Love Me or Hate Me... 4 · 0⤊ 0⤋
Well tell to to try a bluff. He can talk to a lawyer to get advice. See what can be done. She make break before a trial is even presented.
A family court is needed for this, they can have the child placed in equal custody of both parents and have her do the test. If she disobeys it she can be charged or loose custody if she dont comply with the orders
2007-03-14 14:30:25 · answer #5 · answered by Anonymous · 1⤊ 1⤋
Speak to a lawyer. Get a court ordered DNA test done first. If it is his, be prepared to pay child support and ask for visitation rights.
2007-03-14 14:28:09 · answer #6 · answered by Anonymous · 1⤊ 1⤋
He could also sue her for defamation of character...goo dto see that he is trying to do the right thing. Sounds like she is just looking for drama.
2007-03-14 14:26:45 · answer #7 · answered by mommy_2_liam 7 · 1⤊ 1⤋
lawyer, court,
2007-03-14 14:27:50 · answer #8 · answered by roman_ninja 3 · 0⤊ 1⤋
orange
2007-03-14 14:31:05 · answer #9 · answered by whiteman 5 · 0⤊ 2⤋