My son's father refuses to establish paternity?

Question

My son's father denied the baby upon the birth ,therefore his name isnt on the birth certificate making it a lot harder for me to obtain a child support court order.I was told by a child support agent that In order to get into court,he must sign the paternity complaint.the complaint has been delivered three times to his home all times he refuses to sign.And I am being told that if he dosent corporate with the complaint[as far as signing it]theres nothing for me to do.he does not support my son in any way,dosent even know what he looks like,simply just hasnt bothered..a true deadbeat!So what now?the system is letting him get away with this because he simply dosent feel like putting some ink on a paper?Mind you,hes fully aware and 100%confident is his child.Hes taking advantage of the fact he does not appear on the baby's birth certificate the fact that the paternity complaint is "voluntarily" so i wont be able to get a child support order?

Answer 1

You're just going to have to accept the fact that you made a mistake in choosing a mate. I agree with the law; he's not involved with the child, so why should he have to pay?

Answer 2

Call the 'Clerk of Court' at your local family court or court of equity and ask if they have forms for filing for a Paternity Determination. If they have forms just stop in and grap one, fill it out and file it. There may be a fee involved. Ask if it is possible to have it Sheriff Served which may be an additional fee but usually cheaper and better than private service (you cannot serve the summons yourself). He must be served the summons for the case to be valid. Once you get a declaration of paternity, you can take that to the child support people and they can get the child support going (unless they are really incompetent).

Basic Steps:

1) File for paternity

2) Summons served

3) Hearing where DNA test is ordered

4) DNA Test

5) Declaration of Paternity (or Parentage [if he is the father])

6) Child support, visitation and support

Get the DNA test so that there will be no question of him being the father to the court. Take it through the courts so that if he does not comply with the order they can take action against him; don't let him say he will do it willingly and then back out wasting more time.

Answer 3

You have to take him to court to have them order him to take a paternity test.  Once that has been established, then you can go on for there.  It doesn't matter if his name is on the birth certificate.

Answer 4

I think that you should consult a family law lawyer if you haven't already. You may need a paternity test also. If this tactic of his actually worked, more deadbeat dads would be doing it. So I hope that he doesn't get away with this. I can't imagine how it could possibly be legal.

Answer 5

I am not sure what state you are in but where I am the father can be forced to take a paternity test.  If he refuses then it is assumed that he is the father and child support is set up....if he takes the test and he is the dad he as to pay for the test - if he is not the dad then the mother or the state then pays depending on the mothers financial situation.   Do some more checking most states have a mandatory paternity test...

Good Luck

EDIT:  Core - the day he decided to release his sperm into a woman is the day he became involved....if you can't pay then don't play.

Answer 6

I don't know the law as i live in australia but i just wanted to write to core.................you're an idiot, it's his RESPONSIBILITY to support his child, it's not as if he can't see the child but he won't so that's his problem. He should be made to have paternity testing.

good luck love and i hope all goes well in the future.

Answer 7

@ Core: It takes two to tango, why should the mother of a child be the only one that pays for the child if the father isn't around? Whether the father is around or not, he is still the father and nothing will change that. He knew when he left that he would HAVE to eventually pay child support. That's how it works, you can't expect a single mom to pay for her child alone if she know's who the father is. Do you know how expensive children are?

To answer the question, I would get some legal advice on what your options are here. It sounds like he knows that until he signs that piece of paper he doesn't have to pay, but once he does, he has to start paying (in some places, even pay the child support he missed by not signing). Yes it sounds like he is taking advantage but he needs to support his child and you and the courts need to make him. Whether you want your child to know his father or not, his father should still be supporting the cihld he helped create. If you can't afford a lawyer and you're in the UK try a solicitor (tend to be cheaper, they can't see you through court, but they can help with advice) or in the US find a legal aid, most states have them and are cheaper than lawyers.

Do you know why he doesn't want to know the child and help support him? Maybe you can send him some photos etc and see if that melts what sounds like a heart of ice.