QUESTION

Can I seek petition for paternity to show that courts that I want to have my right as a father while she is pregnant?

Asked on Aug 28th, 2012 on Child Custody - Missouri
More details to this question:
My ex-girlfriend is pregnant with my child. She wants me to have nothing to do with my child. She has a domestic violence report and vandalism but I did not press charges. I reported it because she is carrying my baby and I fear for my unborn childโ€™s life. Her mother has a CPS case open. She had my ex slept in the backyard after 10pm if her mother is not at home. I fear that the Grandma will hurt my child too. My ex has a very mean temper and reacts abusively when we were together. This is why I could no longer live with her. I want to know my childโ€™s development and be part of my childโ€™s life. Can I file a petition now o show the courts that I want my rights as a father and I feel she is unstable.
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15 ANSWERS

Leonard A. Kaanta
Yes.
Answered on May 22nd, 2013 at 5:13 AM

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Dennis P. Mikko
You may not be able to file a paternity action prior to the birth of the child. However, you do have the right to file a paternity action. You local prosecuting attorneys office may be able to assist you in the filing of the action.
Answered on Sep 11th, 2012 at 1:24 PM

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Dave Hawkins
No. Not until the child is born.
Answered on Sep 11th, 2012 at 12:54 AM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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I would wait until shortly before the child is born, unless she is doing amniocentesis, as you can't prove paternity until the baby is born . (if she disputes it). But you can get time with the child almost immediately once he or she is born if you file shortly before the child is born.
Answered on Sep 10th, 2012 at 1:43 PM

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Yes. You need to get things going now!!!
Answered on Sep 10th, 2012 at 1:25 PM

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Barbara A. Fontaine
You cannot file anything until the child is born. Then file for custody or joint custody and definite visitation. You can bring up all these issues then.
Answered on Sep 09th, 2012 at 9:22 AM

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Child Custody Attorney serving Malvern, AR at Law Office of Gregory Crain
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Not after the child is born.
Answered on Sep 07th, 2012 at 1:01 PM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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If your girlfriend lives in Colorado you can file for paternity before the child is born. If she lives in another state you need to consult an attorney in that state to determine what the law is - not every state is the same.
Answered on Sep 07th, 2012 at 1:00 PM

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Probate Attorney serving Arlington, TX at Law Office of Eric J. Smith
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No. There is no basis for a suit until the child is born.
Answered on Sep 07th, 2012 at 1:00 PM

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Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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You can file now but the case cannot proceed until after the child is born.
Answered on Sep 07th, 2012 at 12:56 PM

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Mediation Attorney serving Bloomfield, NJ at Cassandra T. Savoy, PC
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You can. There are lots of issues involved, contact an attorney for a consultation.
Answered on Sep 07th, 2012 at 12:55 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Yes, it is actually possible to establish paternity prior to birth, although that is expensive. It is also possible that you will be asked to insure her or pay part of the gestation and delivery medical cost. You will be liable for child support.
Answered on Sep 07th, 2012 at 12:54 PM

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Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
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Not until the child is born.
Answered on Sep 07th, 2012 at 12:53 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You cannot file a paternity action before the child is born.
Answered on Sep 07th, 2012 at 12:53 PM

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Adoption Attorney serving Baton Rouge, LA
Partner at Esposito Law Firm
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You can but a paternity test will not be performed while the mother is pregnant.
Answered on Sep 07th, 2012 at 12:53 PM

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