i would like to know whats the rights to have paternity test im not married to the guy and really dont want him to be in my life or the baby he has a bad drug problem but he said he can have the right to have it done is that trus what rights do they have please help?
2007-07-04 14:05:11 · 7 answers · asked by stacy s 1 in Politics & Government ➔ Law & Ethics
If one parent wants the test and the other does not then a court subpoena is required to force the test. If this guy is a druggie he probly doesn't have the money or the organisational skills to hire a lawyer, get the paperwork done, show up for court, arrange for the test, and show up for the test. He's probly afraid of what else may show up in his test sample.
2007-07-04 14:12:33 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Not enough info. Have you had the baby yet? If so, have you named him as the father? He can go into court with a lawyer and demand a paternity test. However, if he has a bad drug problem you can always keep him away or he can have visitation supervised. You haven't been clear on the details so it is difficult to answer in detail. Just remember, you must be persistant with a judge in regards to his drug problem. Your boyfriend must be drug tested on a regular basis if he wants to be in your child's life. Best of luck. Take care
2007-07-04 14:11:47 · answer #2 · answered by kjrjekjrje 3 · 0⤊ 0⤋
This is a complicated question. If you the custodial parent are not petitioning the courts for child support then he has none. Simply because he doesn't legally know that he is the father, and for him to find out he will have to establish that he is providing for the child, (child support), which if he is a druggie he will not pay. So, he can't take you back to court because he will owe you back child support.
Or if you are forced to take the paternity test he will have to pay for it, but even that doesn't guarantee he will get visitation because you can counter his claim that he is on drugs, and they will make him take drug tests.
2007-07-04 16:07:01 · answer #3 · answered by King Midas 6 · 0⤊ 0⤋
He is the father of the child...he has the same parental rights you do.
He also has to pay child support - and is entitled to visitation with the child.
You cannot deny him access to the child unless you can prove he is NOT the father.. To do this, you can ask him to submit to a DNA test...if he won't do it, take him to court and tell the judge the child isn't his. The judge can then order him to take a DNA test. Of course, if his name is on the birth certificate, the judge will probably throw the whole think out.
Meanwhile, no matter how awful you think he is - remember this; you were the one who made the decision to have unprotected sex with this man who you think is so terrible...you picked him.
That child has a right to know his father.
2007-07-04 14:42:44 · answer #4 · answered by Anonymous · 0⤊ 0⤋
i've got concept approximately this concept for some twelve months now. the only downfall i can think of of could be for the government. right here is why: each and every state gets funds for each $a million the distribute in toddler help. If a woman have been given pregnant, claimed it grow to be one guy's toddler while it wasn't and then the guy found out - it could be very confusing for that lady to circulate after the no person. consequently, no toddler help could ever be accumulated on him and public suggestions could boost. this is my purely concept on why it will never ensue. in my opinion, i think of this is a great concept. each and every guy who's prepared to place himself on the BC, married or no longer, could have the proper to understand if the youngster is his earlier legally turning out to be to be the father. records instruct that approximately 30% of adult adult males paying toddler help are helping toddlers that at the instant are not biologically his. single adult adult males are roped into signing an "acknowledgment of paternity" and have purely 60 DAYS to contest, otherwise they're caught with toddler help despite if a DNA shows otherwise. Married adult adult males are "presumed" to be the criminal father, despite if a attempt later shows otherwise besides. the difficulty is the final element a guy does while he's witnessing the beginning of a youngster this is asserted to be his is questioning if this is no longer. each and every guy have the proper to understand however - and that they could desire to be waiting to understand as quickly because of the fact the youngster is born.
2016-11-08 04:32:15 · answer #5 · answered by ? 4 · 0⤊ 0⤋
It would take a court order. If he suspected he was the father, and you did not allow the test, he could retain an attorney and get a court order for the test.
2007-07-04 14:10:19 · answer #6 · answered by Yak Rider 7 · 0⤊ 0⤋
He would have to get a court order. If you are pregnant, they cannot force you until the baby is born.
2007-07-04 14:19:05 · answer #7 · answered by Lisa S 3 · 0⤊ 0⤋