DNA question

[Gum_Drop]

What is the name of your state (only U.S. law)? LA

Can a DA order a mother to perform a DNA test on her child to prove a criminal case that the mother is not a part of?

 

[LdiJ]

What is the name of your state (only U.S. law)? LA

Can a DA order a mother to perform a DNA test on her child to prove a criminal case that the mother is not a part of?

I think that the question may be too vague to be accurately answered. I know that you probably don't want to give details, but I think that details would be necessary to answer the question.

 

[Gum_Drop]

DA is trying to make a case of a sexual predator, and is wanting to prove history.

My niece was his 3rd baby mama. She was 14 (at conception) he was 24.

The 5th baby mama's parents pressed charges. She is 15 and he is 28.

All 5 of his "children" were born to underage moms. With him being 20 at the time of the first baby.

 

[LdiJ]

DA is trying to make a case of a sexual predator, and is wanting to prove history.

My niece was his 3rd baby mama. She was 14 (at conception) he was 24.

The 5th baby mama's parents pressed charges. She is 15 and he is 28.

All 5 of his "children" were born to underage moms. With him being 20 at the time of the first baby.

Then your niece was a victim of this particular sexual preditor, (and he most definitely IS a sexual preditor) therefore she should want to cooperate. However, if she doesn't, its quite possible that they can either exert serious pressure or perhaps even force her to do so.

 

[Gum_Drop]

Thanks for the answer. I wasn't sure, and knew you guys would know.

If she is forced to, would that automatically put his name on her birth certificate?

 

[LdiJ]

Thanks for the answer. I wasn't sure, and knew you guys would know.

If she is forced to, would that automatically put his name on her birth certificate?

I am not sure on that one. This is a criminal case, not a family law case. It would legally establish that he fathered the child, therefore committed a crime, but I do not know if that would carry over to legally establishing paternity for vital statistics or family law purposes.

However, if he gets charged and convicted of all 5 crimes, its probably not going to matter.

 

[Gum_Drop]

Would taking the DNA test reset the abandonment calculator?

Would the fact that the child only resides with the mother on weekends matter?

my niece does not want to be involved.

 

[LdiJ]

Would taking the DNA test reset the abandonment calculator?

Would the fact that the child only resides with the mother on weekends matter?

my niece does not want to be involved.

Again, you are not giving us the whole story, so we cannot understand the full scope of what you are concerned about.

 

[Ohiogal]

I agree with Ld on most things except for the part about paternity. If they do a DNA test the whole purpose is to establish paternity as paternity is evidence against him that he committed said crimes. So yes, paternity would be established for the state. The birth certificate could possibly be altered and child support ordered. Visitation for dad would NOT be awarded unless he petitioned AND was cleared of all charges.

As for the other questions, a lot more details would be necessary.

 

[LdiJ]

I agree with Ld on most things except for the part about paternity. If they do a DNA test the whole purpose is to establish paternity as paternity is evidence against him that he committed said crimes. So yes, paternity would be established for the state. The birth certificate could possibly be altered and child support ordered. Visitation for dad would NOT be awarded unless he petitioned AND was cleared of all charges.

As for the other questions, a lot more details would be necessary.

I didn't express an opinion on paternity from a family law perspective...I stated that I did not know. Thank you for clearing that part up.

Although, I would like to point out that LA laws are based on the Napoleonic Code, so some of their laws are very different from states whose laws are based on English Common Law (the majority of states). There are some real oddities in LA.

For example, a grandparent inherits the rights of their deceased child regarding grandchildren (with some exceptions based on case law since Troxel) and other inheritance rights are distinctly different than the rest of the country.

 

[Ohiogal]

I didn't express an opinion on paternity from a family law perspective...I stated that I did not know. Thank you for clearing that part up.

I know you said you didn't know. Disagreeing was probably the wrong word. I should have said you got everything right but the portion about paternity is .... and gone from there. My bad.

 

[Gum_Drop]

She is concerned in regards to if he gets away with this, as he had before (baby mama 2) then he will have his paternity established, and would be able to file for visitation.

As it stands now, he dont/cant/wont file to establish paternity.

Also, in regards to the abandonment issue, he has not contacted her in 9 months. If she is ordered to do the paternity test, would that reset the abandonment clock?


My niece is worried/scared. She has done her best to not have to go on welfare or use any state assistance, because of paternity.

She also does not want her name or her childs name to appear in any court records in his criminal case.

The child "lives" with me during the week. Almost like I was the CP and my niece was the NCP.

Does my niece have any options to stay out of these proceedings?

 

[LdiJ]

She is concerned in regards to if he gets away with this, as he had before (baby mama 2) then he will have his paternity established, and would be able to file for visitation.

As it stands now, he dont/cant/wont file to establish paternity.

Also, in regards to the abandonment issue, he has not contacted her in 9 months. If she is ordered to do the paternity test, would that reset the abandonment clock?


My niece is worried/scared. She has done her best to not have to go on welfare or use any state assistance, because of paternity.

She also does not want her name or her childs name to appear in any court records in his criminal case.

The child "lives" with me during the week. Almost like I was the CP and my niece was the NCP.

Does my niece have any options to stay out of these proceedings?

She may have some option to stay out of the proceedings, but this guy really needs to go to jail and if she doesn't cooperate he may get away with it again...which means that he could always come back and try to establish visitation. His parental rights need to be terminated and the best way to ensure that they will be terminated is for him to go to jail as a sexual preditor.

 

[Gum_Drop]

IF he goes to jail. And I really really hopes he does, could she have his parental rights terminated WITHOUT having another man adopt her child??

Also, if that can happen, could I adopt her child as the "other" parent. For just in case, like she passed away.

 

[CourtClerk]

Also, if that can happen, could I adopt her child as the "other" parent. For just in case, like she passed away.

You do realize that that also leaves you open to other obligations, right? If she goes on public assistance, you're sued for child support. If 10 years from now the child grows up to be a monster and ends up in juvenile detention, YOU'RE responsible for the cost of incarceration... and so on and so forth.