QUESTION
Can the person who started the petition withdraw it?
Asked on Mar 29th, 2014 on Child Custody - Rhode Island
More details to this question:
I was served a Petition to Establish Paternity and Support from a man that is NOT the father of my child. He now wants to withdraw the petition but Child Support Authority is saying that he can't and will be in contempt. He started the petition so I am assuming he can withdraw it. Am I correct?
4 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
Yes he can withdraw the petition, but unless you come up with the name of the actual father child support enforcement can ask the court to order him to have a DNA test. It's their duty to find a father so that he rather than the tax payer can pay support.
Answered on Apr 02nd, 2014 at 8:31 PM
Business Litigation Attorney serving Los Angeles, CA
at
Gerard A. Fierro & Associates
Update Your Profile
If a Response to the Petition was filed, then both parties must agree to withdraw. If you are the Respondent in the Petition then both you and the Petitioner can sign and file the request for Dismissal. The County can file their own Petition if they want to pursue the matter.
Answered on Apr 02nd, 2014 at 8:05 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Apparently not. Of course once he takes the DNA test and proves he is not the father, then he is done. I assume child support services wants somebody to pay child support. So him having started, they are not going to let him get away from his obligation by withdrawing the petition. Of course, if you told them who the father was, that might help the whole process.
Answered on Apr 01st, 2014 at 7:45 PM
Domestic Relations Attorney serving Omaha, NE
at
Diane L. Berger
Update Your Profile
I don't know why he couldn't withdraw it. It is possible the state will then file its own complaint.
Answered on Apr 01st, 2014 at 7:36 PM