QUESTION
My daughter's father wants a DNA test and visitation after 19 months of her life what is the law?
Asked on Dec 13th, 2012 on Child Custody - Georgia
More details to this question:
He is not stable moves from place to place she has my last name he is nowhere on the birth certificate.
10 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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He is allowed to bring a court action and alleged that he is the father of your daughter. If the DNA confirms his fatherhood than he will be allowed parenting time and also will be charged with the responsibilities of parenthood, including contributions to the support of this child.
Answered on Dec 17th, 2012 at 12:55 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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He has a right to seek establishment of paternity and parenting time rights. You can present evidence that it is not in the best interest of your child to be with the father. However, he is likely to at least obtain supervised time.
Answered on Dec 17th, 2012 at 4:19 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Before your daughter gets any older, her father needs to be established so that she is not exposed to questions and speculation later on. Also, she is entitled to financial support from both parents and in order to have that, her father needs to be known. As to visitation, the courts look to the best interest of the child. If he has waited 19 months to see her that should be considered (generally, it means he would have very limited visitation at first). If you have information that he is dangerous or unstable, the court will consider the evidence and make orders based on her best interest with a goal that she have a meaningful relationship with both her mother and her father, so long as it is safe.
Answered on Dec 14th, 2012 at 10:49 PM
Adoption Attorney serving Fort Walton Beach, FL
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Rubin Law Firm
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the child was not born during a marriage to another man, yes he has standing to get DNA to prove paternity. But this is a completely different issue then whether he would be awarded any shared parenting rights if and when he proved he was the father.
Answered on Dec 14th, 2012 at 4:44 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You have two questions. The first is whether he can request the court to order a DNA test to see if he is the father. The answer is embedded in your question, since you acknowledge that he is the father. The court will probably order the test.
Answered on Dec 14th, 2012 at 4:02 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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He would have to initiate a Parentage/Paternity court action in order to obtain a DNA test and rights of visitation.
Answered on Dec 14th, 2012 at 2:22 PM
Family Law Attorney serving Newbury Park, CA
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Tristan Tegroen, Attorneys at Law
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When a parentage case is filed, a party may request a DNA test and a change to the last name of the child. The concerns that you have are germane to custody/parenting issues. By the same token, you would be able to request child support from him.
Answered on Dec 14th, 2012 at 2:07 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The "law" is simply that the man you believe is the father has a legal right to seek a judicial determination of paternity, including DNA testing to verify paternity, and if paternity is proven, then the right to have the court specify what specific rights, including visitation, he should have. Until there is a court order answering all the questions, he has no specific rights.
Answered on Dec 14th, 2012 at 2:06 PM
He can file a paternity action and establish rights and time sharing with the child. 19 months is not that long. He could also ask for a DNA.
Answered on Dec 14th, 2012 at 1:45 PM
He is entitled to get a dna test. He does not have to be on the birt certificate. She may be legitimated afterwards.
Answered on Dec 14th, 2012 at 1:24 PM