Court Ordered DNA Testing?

[beder]

What is the name of your state? Mississippi

My son has just learned that he may have fathered a child with a former girlfriend. He wants to know if the child is his and is willing to support the child if this is the case. The mother has not confirmed this nor has she asked for any support.

What rights does he have under these circumstances?

 

[Tayla]

This very issue was the cortex of the Anna Nicole Paternity. She refused to name the father and would not allow the child to be tested to see who the genetic father was.

I've yet to see or hear of an american court case where the courts ordered it out of interest for the person. Most times there has to be a medical reason or some monetary reason to seek identification of the genetic parent. I'd be interested to hear others response as it seems uncommon that someone steps up to the plate voluntarily on a matter that is life changing.

 

[nextwife]

If the child has been born, he can file for paternity determination, a parenting schedule
and joint custody, if his. And he'll be ordered to pay CS.

 

[beder]

Child Support is not an issue. He, (we), just want to know if there is a child out there who belongs to us.

So, will the state provide this or do we need to retain an attorney? The rumor is that the child is being supported by welfare...

 

[Just Blue]

Child Support is not an issue. He, (we), just want to know if there is a child out there who belongs to us.

So, will the state provide this or do we need to retain an attorney? The rumor is that the child is being supported by welfare...

Child support most DEFIANTLY will be an issue! Especially if the child is being supported by welfare.

Your son needs to file for paternity/support/visitation. Period. Someday the state will catch up to him and he will have 10's of thousands in arrears for child support. Better that he deal with it now and start a relationship with this child.

 

[penelope10]

Child Support is not an issue. He, (we), just want to know if there is a child out there who belongs to us.

So, will the state provide this or do we need to retain an attorney? The rumor is that the child is being supported by welfare...

Others here may know better than I, but I assume that if paternity is established as well as CS, tthere may be the possibility that any welfare benefits may have to be paid back as well.

Just curious....anybody out there know?

 

[beder]

Court Ordered DNA test?

I guess I didn't word that correctly.

He is MORE than willing to support the child. We all are...

 

[Just Blue]

This very issue was the cortex of the Anna Nicole Paternity. She refused to name the father and would not allow the child to be tested to see who the genetic father was.

I've yet to see or hear of an american court case where the courts ordered it out of interest for the person. Most times there has to be a medical reason or some monetary reason to seek identification of the genetic parent. I'd be interested to hear others response as it seems uncommon that someone steps up to the plate voluntarily on a matter that is life changing.

What does a case that happened in ANOTHER COUNTRY have to do with this poster?

Mother are ordered EVERYDAY IN EVERY STATE in this country to bring their child in for DNA testing. American courts LIKE children to have two parents...especially when the mother is on welfare. And MANY potential fathers voluntarily request paternity.

 

[Just Blue]

I guess I didn't word that correctly.

He is MORE than willing to support the child. We all are...

You don't have to...he does. Tell him to file for paternity.

 

[penelope10]

Child support most DEFIANTLY will be an issue! Especially if the child is being supported by welfare.

Your son needs to file for paternity/support/visitation. Period. Someday the state will catch up to him and he will have 10's of thousands in arrears for child support. Better that he deal with it now and start a relationship with this child.

Thanks---looks like we posted at the same time...great minds think alike!

 

[beder]

Court Ordered DNA test?

Will the state do this on his behalf, or does he have to retain an attorney?

 

[Just Blue]

Will the state do this on his behalf, or does he have to retain an attorney?

If she doesn't file and hasn't told DTA about him...then no, they will not bring the suit. He can file pro se (himself) if he is a capable man. If not he should retain an attorney. You could recommend this site to him and we will give him some pointers on filing pro se...This site is the very best for educating on child support and child custody matter on the net!!!!

Tell sonny to put on his "thick skin suit" and join the forum and we will help him!!!

 

[Just Blue]

Thanks---looks like we posted at the same time...great minds think alike!

Remember you said this next time you disagree with me...

 

[penelope10]

Remember you said this next time you disagree with me...

I'll look at it like "you say tomato and I say tomatoe."

I'm generally pretty easy going.....

 

[2Mistakes]

If the child has been born, he can file for paternity determination, a parenting schedule
and joint custody, if his. And he'll be ordered to pay CS.

Just a slight correction for MS.

MS doesn't have "parenting schedules."

MS also doesn't do joint physical custody. One parent must have physical, the other parent usually gets joint legal custody and standard visitation. Standard visitation in this state is every other weekend, every other holiday, and 6 weeks in the summer.

OP, Your son can plan to pay 14% of his adjusted gross income, which is gross minus taxes minus mandetory deductions for retirement and insurance.

Also, your son will be ordered to provide health insurance on the child, if it is available at a reasonable cost through his employer. MS Code defines reasonable as 5% of his AGI.

Your son needs to file a Complaint for Determination of Paternity and Establishment of Custody, Support, and Visitation. This will need to be filed at the Chancery Court for your county.

Your son also needs to prepare a Rule 81 Summons To A Date Certain. Before he files his complaint, he'll need to contact the court administrator for that county's Chancery Court and set the court date.

After filing the Rule 81 Summons and Complaint, he will need to have it served to her. If she also lives in MS, he will need to get personal service on her. The Sheriff's Dept. will do it for $25. Or you can use a private individual. It can be any individual over the age of 21 who is not a party to the action. Make sure they complete a service return to be filed with the court.

What county are you in?