Child custody and Child support question

[AuntieB]

I am an Aunt of an almost 2 year old. Both mom and legal dad had rights taken away by children services. My nephew was given to Legal Grandma. We filed a motion to intervene 2 months ago. When we went to the adjudication/disposition hearing paternity tests were ordered. Needless to say we never got to the disposition hearing yet. It has been 6 weeks since paternity tests were taken. HOW LONG DOES THIS TAKE?

We have been interviewed by the GAL, children services, and even approved for overnights.

Legal Father had never paid child support, he wasn't ordered too. My question is can someone tell me the steps on what is going to happen if this man isn't the father. Will he still recieve CS papers? My neice already recieved hers. Is it possible CS knows the answer to the paternity already? -Thankyou:-)

[wendl]

Mom would get hers probably sooner, hmm no question that she is the mother since she gave birth to the child.

As for the DNA testing coming back on the father, sometimes it does take awhile, I know it did with my son (but that was yrs ago)

You could contact the support office, however if you are not the legal guardian of the child.

As for him paying cs if he is found not to be the father, you never really know.

:)

[AuntieB]

Just got the results 0% probability Legal Father is Bio. Father...what will happen now?

[wendl]

I'm not sure if he isnt on the birth certificate probably nothing, the mom will have to pay cs if she doesnt have custody of the child.

I would contact an atty and ask or post to Soc

[AuntieB]

He was on the birth cert. BUT we were just given notice that he is removed from the case. Apparently in our state the legal affidavit is as good as toilet paper in a situation such as ours.

[fluffybunny]

Would you really want him to pay for a child that wasn't his? Especially when your niece probably was dishonest with the guy from the beginning? I would think now that it is your neices job to provide cs for this child or to come forward with the name of the other men she had sexual encounters with.

[AuntieB]

I guess your missing the point here. Ofcoarse I don't morally think it is right for this man to pay support. My nephew was placed with this man's mother. This man was completly taken off the case now. We filed a motion to intevene because we felt the child should be with us. The GAL thought so too but we have not been able to get to the disposition hearing. We only want my nephew to be here with us.

My first posting was because my neice had recieved CS papers, the pat. tests weren't in yet. I thought that would have been an inclination that dad wasn't dad, and that would have been CS's way of telling us. but we found out by calling the courts.

Also the man knew he wasn't childs father from the start. My neice never told him any different.

Thanks for your honesty!

[fluffybunny]

Oh I am sorry I thought the child was with its maternal grandmother. Shouldn't the woman who has the child now immediately have to give the child to a blood relative since "the non-bio father" has been proven not to be the father of this child?

[AuntieB]

You would think so. I feel this is going to be a long battle. It is a shame. My hubby and I had decided if dad WAS dad that we were going to walk away. We seem to have different morals than the Non-bio. grandmother and felt by walking away it was in the childs best interest. BUT I expect the same thing from grandma. She apparently does not think so.