My brother lived with this girl for close to 8 years, they have a 4 year old daughter, but they broke up recently. As soon as he moved out, he then receives a summons for a paternity test--- not child support. Why??? I must say that he doesn't remember if he signed the little girls birth certificate, we feel like this might be a sign because the reason of separation was infidelity. He says he has no doubt the little girl is his, why would the court order a paternity test, and should he take it?? Please help!
2007-08-04 12:47:40 · 5 answers · asked by maruka033 1 in Politics & Government ➔ Law & Ethics
Does he have the opportunity to opt out and just agree to pay cild support, or does the court obligate the paternity test?
2007-08-04 13:05:24 · update #1
If I were your brother, there is no way that I would agree to pay child support without a paternity test. Look at it this way: There is proof that the woman is the mother of the child since the baby was born from her body. What proof is there that your brother is the father? Absolutely none.
And she may not be going for child support right now, but she will be. If she is on any kind of state aid, such as welfare, subsidized housing, TANF, the state is going to go after the biological father for child support. Even if he signed the birth certificate, he is not legally the father according to the Courts since he was not married to the child's mother.
If they had been married, the child would legally be his even if he were not the biological father since all children born during a marriage are considered to be the legal child of the husband.
I think every time a child is born, unless it is known to be the result of artificial insemination or something similar, there should be DNA testing to prove that the "father" is indeed the father. There are a lot of cases of paternity fraud where a woman will claim that the man is the father and he will find out years later that he isn't. And I'm a married woman who knows for a fact that my husband is the biological father of my children.
2007-08-05 02:23:10 · answer #1 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
Some legal stuff:
Most out of state summons allow 60 day to file a response. He should be getting a 'Writ of Summons' or similar document which will attempt to get personal jurisdiction. It is sort of an official announcement that there is a case being brought against him. Depending on the local laws this could be 'Family Law' or 'Equity"
If you live in the same state as the summons you most likely have only 30 days to respond to the court and the summons can give the courts jurisdiction over you in that matter. If you have received a summons I would assume that both parties live in NY state.
That summons is most likely notification for the start of a court case and not the actual order to take the test.
2007-08-05 20:00:37 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you are going to order a man, or woman, to give a good part of his or her salary for the next 18 years, it helps to know that you have the right parent. The judge, or the Social Services department officials, evidently want to clarify the parentage of this child.
Yes, he should take the test. If there is a court order, he has no choice in the matter.
2007-08-04 12:56:39 · answer #3 · answered by Me, Too 6 · 0⤊ 0⤋
He does not have an option about taking it, there is already a court order.
The mother is either attempting to obtain child support and needs proof that he is the father and his name is NOT on the birth certificate.
or,,,,
His name is on the certificate and she wants to document that he is not the father so that her present husband can adopt the child.
Whatever her motives are, he would be in contempt of court to refuse the test.
2007-08-04 12:57:41 · answer #4 · answered by Anonymous · 1⤊ 0⤋
If the court orders the test, he must comply or go to jail for contempt of court,
2007-08-04 13:17:38 · answer #5 · answered by Bibs 7 · 0⤊ 0⤋