QUESTION
Is there is any legal obligation to her right now if she is six months pregnant?
Asked on Feb 05th, 2013 on Child Custody - Ohio
More details to this question:
I have an ex-girlfriend that now claims she is 6 months pregnant. I have spoken/texted on and off since then and she never told me. Now she is looking to meet, says her attorney wants a cheek swab (assuming paternity test). I broke it off because she is an alcoholic and habitual liar. She shortly went into rehab after. I have just told her that I want nothing to do with her but when a baby is born I will take a paternity test and take care if any legal obligations. She is now constantly harassing me and I refuse to speak with her. They can request a paternity test but unless the court orders it. I am not legally obligated correct? Thanks for any input.
8 ANSWERS
Family Law Attorney serving Ridgeland, MS
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Thompson Law Firm, PLLC
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Rare to have a test prior to birth. Have blood test done once child is born.
Answered on Feb 10th, 2013 at 11:35 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You have no "legal" obligation until there is a determination that you are the father of the unborn child. You are correct that unless and until a court orders you take a DNA test you are not required to do so and, generally, it is much more difficult (and expensive) to do a DNA test on the child before birth. It will probably be to your benefit to voluntarily submit to DNA testing as soon as the child is born, however, rather than waiting for a judicial requirement, because you need to get things resolved as soon as possible.
Answered on Feb 07th, 2013 at 2:03 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You are right. They can file a paternity action after the baby is born and then the DNA test will be conducted in accordance with the court's rules.
Answered on Feb 07th, 2013 at 2:03 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should see an attorney yourself. It is possible they are looking for contribution for the medical expenses associated with the pregnancy and birth and it is possible you may be responsible for all or some of them. Without a court order you are not required to submit to tests.
Answered on Feb 07th, 2013 at 2:02 PM
John Arthur Smitten
You are not obligated to take a DNA test until such time as the court orders it.
Answered on Feb 07th, 2013 at 2:02 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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A paternity test can be ordered and then support can be established. Consult with an attorney to discuss your options further.
Answered on Feb 07th, 2013 at 2:01 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Partially correct. In your case, as you are not married, either the juvenile court or the local Child Support group of the Ohio Department of Job and Family Services may order you to participate in a DNA test to determine paternity. IMPORTANT: Even though you may be required to pay child support, you have no rights to visitation or custody of the child until the juvenile court grants them. Set some money aside now, and go and consult an attorney when the child is born about seeking rights to visitation and (if appropriate) custody with the child, If you don't get an order from the court you will paying child support and at the mercy of the mother as to whether you see the child.
Answered on Feb 07th, 2013 at 2:00 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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The court can make you take a paternity test so you may as well cooperate. If child is yours you will have to pay support and you have custody rights. See an attorney if its your child.
Answered on Feb 07th, 2013 at 2:00 PM