I know that an unmarried father has no rights until a judge says so, but is it true that an attorney really can't do anything for you until after you go to court?
Thanks
>I know that an unmarried father has no rights until a judge
>says so, but is it true that an attorney really can't do
>anything for you until after you go to court?
>
>Thanks
What an attorney can do for you is file a motion to order a paternity test. Once paternity has been established, the attorney can do more for you.
Do you have to have a paternity test if it is not contested?
If the BM agrees to let the child spend time with the dad and at the last minute backs out, can't the attorney do anything about that?
>Do you have to have a paternity test if it is not contested?
>
>If the BM agrees to let the child spend time with the dad and
>at the last minute backs out, can't the attorney do anything
>about that?
The courts aren't going to do anything until paternity has been established. Just because it's not contested now, doesn't mean that she won't claim you aren't the father when you go to court to get parenting time established.
Are you paying child support? Is it court ordered? If it is court ordered, then paternity has been established and your lawyer will be able to do something for you without waiting for paternity to be established. If you are paying child support and it is not court ordered, the courts can and have looked at it as a gift and ordered back child support.
I would set aside any money that you are paying for child support into a separate account and pay it when everything with court is settled. This way, you aren't paying child support twice for the same time period.
Your attorney can tell you. Normally, you need a paternity test. Under some circumstances, if you signed the birth certificate as the father, that my substitute, but I'm not completley sure about that.
My son was never married to his ex, they had a baby together (trust me it is his, big ears & all LOL). He took her to court to get court ordered visitation and establish child support because she refused visitation. In the court papers filed by her attorney, she did not contest parentage. A paternity test was never ordered or conducted. He was awarded joint custody and child support was established.
never married to his ex and paternity was never established. So, at least in some states this is true.
The BM can do whatever she darn well pleases and there is absolutely nothing the BF can do about it UNTIL after the first visit to court?
If the father has been documenting eveything before they go to court can that be used to help him?
He is not paying child support just yet, but he has been served papers for that and visitation. They don't go to court until the end of April, which I personally feel is bogus! that would make it 3 months that he has to wait and she is jerking him around and there is nothing he can do. That is really a shame for the kids involved.
Thanks
you have to go to court to get paternity, visitation, child support, etc. established. If BM states you are not the father, then you will have to have a paternity test.
Sounds like he's going to be in pretty good shape, but his attorney will have to fill in the details. If it's allowed, I'd file for custody immediately (at least for joint custody). He's going to need to get that settled before anything else.
If the BM isn't allowing him to see the baby, then he can probably file for an emergency hearing.
If she's not letting him see the baby, he could have his attorney file for an emergency hearing.
Since she's filed against him for child support, that strengthens his case. Either she's admitting that he's the father or she'd guilty of fraud. I don't think she can reasonably argue now that he isn't the father - but you'll still need the court to confirm it.
That's true, but it's not as bleak as that. He signed the birth certificate. In addition, the BM filed for support from him. It would be pretty hard for her to argue that he's not the father wtihout getting herself in trouble for contempt of court.
So since he doesn't have any rights as of right now, she can do anything she wants to do? Does that include overwhelming him with text messages and voice mails to the point that his voice mail is full and so are his text messages? Would this be considered harrassment?
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My guess is that it wouldn't, but ask the attorney.
In my case, my stbx was calling me 5 or 6 times in a row to complain about money and then started calling me at 4:00 am (not all the time, but once in a while) and my attorney told me we wouldn't get very far with that.
>My son was never married to his ex, they had a baby together
>(trust me it is his, big ears & all LOL). He took her to
>court to get court ordered visitation and establish child
>support because she refused visitation. In the court papers
>filed by her attorney, she did not contest parentage. A
>paternity test was never ordered or conducted. He was awarded
>joint custody and child support was established.
The keyword in your statement being that she did NOT contest parentage. If she had, you better believe that the courts would then order a DNA test to establish paternity.
>The BM can do whatever she darn well pleases and there is
>absolutely nothing the BF can do about it UNTIL after the
>first visit to court?
>
>If the father has been documenting eveything before they go to
>court can that be used to help him?
>
>He is not paying child support just yet, but he has been
>served papers for that and visitation. They don't go to court
>until the end of April, which I personally feel is bogus!
>that would make it 3 months that he has to wait and she is
>jerking him around and there is nothing he can do. That is
>really a shame for the kids involved.
>
>Thanks
Since she is suing the father for child support, she is, in essence, admitting to paternity. On that basis, I would file an emergency petition to get parenting time enforced. And if your attorney refuses, then get another one.