I want to sue my biological father for a paternity test.
I want to join an Indian tribe so that they can pay for me to go to school, but I can't until I prove that I am (American) Indian. I'm 20, so I'm pretty sure I can't go for back-child support, but I don't want his money anyway.
Is there a way to accoplish this without having to hire an attorney, because I really can't afford it?
Thanks.
2007-12-11 18:28:24 · 4 answers · asked by **[Witty_Name]** 6 in Politics & Government ➔ Law & Ethics
To Brings Light- I already know that I would be able to get in because the majority of my biological father's side of the family is in the tribe, and they except me as family. My fiance is also a member, and they have given him a full scholarship to any school, and they even pay for his gas back and forth.
2007-12-12 03:52:25 · update #1
Unfortunately, an attorney is going to be your best bet and YES you can request a paternity test. Paternity tests are for health issues also not just child support so it's something you need to know. Some States, as in California, allow a child 2 years from the age of 18 to request a paternity test through the courts. Just because the mother chose not to get one doesn't mean the child might not want confirmation and also has a right to know, so alot of States allow an adult child to request one. Again though, you are limited to the statute in that state.
Actually, alot of states do allow for continued child support for a limited time and special needs. Because there was no order you would fight an uphill battle even if you could prove a need.
If you can't afford an attorney check with your county clerk's office, most I've worked with are very helpful and informative in pointing you in the right direction. You can also see if your county has a law library to do your own research.
You really do need to speak with an attorney though, there are many factors involved such as which court has jurisdiction, how to serve him, if he doesn't respond, etc. It could take a long time to even get him into court so you need to know all your options.
Good Luck!
2007-12-11 18:59:30 · answer #1 · answered by Georgia Peach 4 · 1⤊ 0⤋
In regards to enrolling with a tribe: No tribe accepts DNA as proof of NDN heritage. IF your biological father is an enrolled tribal member you might have a chance of becoming enrolled, depending on the tribes enrollment requirements. If your father is not enrolled you would have little to no chance of becoming enrolled. Supposing you are eligible for enrollment and become enrolled, you would need to apply for funding through your tribe of enrollment. Each tribe is different in how they fund education. Some (wealthy) tribes give great scholarships while other (poorer) tribes have no money to put towards education. You'd have to meet your tribe's scholarship requirements. You'll be judged on your academic merit as well as your intent to 'give back' to the people. If your only intention is to 'take' you will probably not be funded.
2007-12-12 11:06:37 · answer #2 · answered by Brings Light 6 · 1⤊ 0⤋
You can't sue for a paternity test. You are over 18, firstly. Apparently there is no child support order - which you wouldnt receive money for anyhow (it goes to the other PARENT, not the child). And no court can force the man to submit to DNA testing - it's unconstitutional.
2007-12-12 02:40:59 · answer #3 · answered by Shell Answer Man 5 · 1⤊ 0⤋
DNA testing will be the only choice for you to prove your filiation.
2007-12-12 02:34:09 · answer #4 · answered by FRAGINAL, JTM 7 · 1⤊ 0⤋