Messages

State: IA  


Ok, I have more information. After talking with CSRU about the paternity testing. They said they won't even offer it if he signed a paternity affidavid at the hospital.

He was 19 at the time, told us he signed the birth certificate so I am assuming that he signed that paternity affidavid. They were living together at the time and he didn't know they were going to break up. Also during the pregnancy, one day he got information that there was a 50/50 chance that the baby was his. I don't know what happened but they worked through that at the time.

Not understanding what this could mean to him when he signed the papers, now if he wants further testing this also means he has to pay for it himself. They did say he can still have the testing done though.

Also with that being said then I am assuming that he should have the same rights as the mom until proven otherwise. Since they both signed it.

So at this point in time she is still refusing to allow him to see the child. He should be able to go to an attroney and get the ball rolling on visitation I would think.

I also found out that even if mom doesn't want to do the paternity tests, he can have an outside lab that the results will hold up in legal matters do the testing on just him and the boy. Since he signed this stuff at birth he can sign the consent form for the baby. This is a major lab here in the USA and not some fly by night company.

Does anyone have anything else they can say to help? Also since it has been 2 weeks now and I don't see either one of them moving to fast to do anything about this, they are just 20 and 21 years old, do the judges look more favorably on visitation if the dad would get the ball rolling on this right away? What do they think if this goes on a month or two before he might start any action?

He is young and doesn't understand how all this works and we are trying to get the information for him so he can make some decisions. This is a major thing. He is this little boy's dad and is there for him, helping to support and nuture him or he isn't the dad but if he doesn't get paternity testing done to prove it, he could be supporting another man's responsibility.

Our son and his girlfriend who he lived with for several years have just broke up. They had a child together about a year ago. He has been advised to not pay any child support until a paternity test is done. In IA it is state law that any money given to her prior to a court support order is considered a gift.

There was some question during the pregnancy about paternity but the paternity was never established after he was born. So they have lived together until a few weeks ago. Until a test proves otherwise we are going to assume that he is the dad to this little boy.

Visitation is becoming an issue because she doesn't want him to take him. Does he have the same rights as the mother since they were living together and raising this child together for the last year or does he have to have a visitation order to take him?

I had been told that the mother has the legal custody if the couple was never married. Where does living together and common law come into play here or does it?

 

Thanks