QUESTION
I have a restraining order against a person who may be the father of my newborns, but we are unsure and I need a paternity test.
Asked on Sep 09th, 2024 on Family Law - Florida
More details to this question:
However, I cannot take the children out as they are premature and the doctor advised not to leave until they weigh 5 pounds. I obtained the restraining order because this person has been harassing and threatening me. Although the restraining order is in place, he continues to text me. He is now suggesting a paternity test which he is willing to pay for. He knows a way for us to do the test at my house without him being present. I want to respond and do the test to resolve this issue, but I am concerned about potentially violating the restraining order and my safety due to his past behavior. How should I handle this situation? Should I respond to his offer? Will it affect the restraining order? Is there an app I can use for supervised communication regarding this matter? I want to proceed with the paternity test but in a way that does not jeopardize my safety or the legal order.
1 ANSWER
Arelis:
The putative father is violating the restraining order by texting you. Do not respond to his texts anymore, and in fact, you should file a Motion to hold him in contempt for violation of the restrianing order, and attach copies of the texts he has sent.
As to the paternity test, it seems you have enought to deal with at this time without worrying about the test. However, if you get before the Court on the violation of injunction you can ask the Court to have him take a paternity test. I am not aware of a lab that will come to your home and do the mouth swab for the children's DNA, but you could call around to find out. You might be able to do it this way but the two tests (dad and children) will have to be from the same lab. But again, he should not be contacting you, and you should not be responding.
Best of luck with the babies and your case,
Cindy S. Vova
Family Law Offices of Cindy S. Vova, P.A.
Broward/Miami-Dade: 954-316-3496
Boca Raton/Palm Beach:561-962-2785
Answered on Sep 10th, 2024 at 3:18 PM