How to get a DNA test and joint custody or child visitation?

Question

My ex and I had a son in July of 2004.

I live in Texas. My ex took my son from me in November of 2006 and took him to California to live. She has filed for child support and wants me to pay $612 a month and I get payed only $2000 a month. I'm told that is not correct.

There is a 50% chance he is not my son because she admitted to sleeping around during the time she became pregnant. But she doesn't want to take a DNA test. She just wants my money. I want to get a DNA to find out for sure if he is mine or not. I don't want to pay all that money only to find out he is not my biological son.

If he is my son I want to have joint custody or visitation rights. Because if I am going to being paying all this money for him I want to see him and raise him and have a say in what she is doing to him.

She doesn't let me have any contact with him. She says I should drop everything if I wanted to see him so much but she doesn't understand I have bills and I don't get vacation time until a yr

Answer 1

Since she has filed for child support, contact Social Services where the filing was made (should be on the paper you had) and tell them that you have asked for a DNA test to prove paternity before now and she refuses to comply.  Stop exchanging email - you only dig your own grave that way.

Answer 2

There are no such things as "nonprofit lawyers." There are lawyers who work for nonprofit agencies, like poverty law offices, and lawyers who take fees on a "pro bono" (free) or sliding scale fee. They have to support themselves and their families too, so this is not a large part of their practices. It is a little late for a paternity action, but you may have a shot at it since she moved out of state. You should get yourself a CA lawyer. Custody to the father for a 4 year old is unlikely, especially since you don't seem to have made much of an effort to obtain visits for 4 years until she goes for child support. Paternity tests cost around $350 and up. You might have to pay the full cost. It involves a cheek swab from you, her and the baby. The results usually take a week or two, depending on how busy the lab you use is.