My best guy friend got a girl pregnant. they aren't married. I'm not looking for any moral points of view here, but can anyone please tell me what she can do legally? she has no proof that it's his baby, what can she do to make him responsible or what legal actions can she take on him?
Answers:
She can file a paternity suit and force a DNA test. The court will then make him pay child support.
Wait till the baby is born.
Go to court (with a lawyer) to force a DNA test.
Hope that she actually knows the father.
Carry on from there.
DNA test
Petition for support
Done.
Um I think he can request a paternity test.
Are they planning to keep the baby?
Anyways, if it is indeed his, he really should own up and be a father...and use bc next time...its pretty shi**y for someone to not realize it takes two...
Well, she can get a paternity test to prove it if he says it's not his baby, then she can get an order for child support. Legally, she can work something out with him (or make the court work it out if he denies it or they can't agree on anything) before the baby is born to determine who will pay doctor's bills, etc., or she can wait until the baby is born and have a court hearing to determine what the arrengements will be.
Your friend might first want to find out if she intends to keep the baby, and if he will contest paternity (i.e., if he doesn't think it's his). There have been cases where it was disputed and pre-natal DNA tests were done to determine paternity before birth so the father could help with hospital bills.
Hopefully your friend and this girl can agree on what to do and keep it out of the courts.
Oh, this is 2007. She SO can prove it.
Have her get a lawyer. He will advise her of her rights. (This may sound a tad drastic, but trust me, it's not. Those in the know give this advice)
1. prove or he has to accept he is the father. this can be done by his accepting that he is the father or she has to (at her expense) have a DNA test done. If he doesn't allow taking his DNA then she has to get court order to force him to provide his DNA.
2. with proof he is the father she can take him to court/go to state and they will force him to pay child support.
3. if he moves without telling anyone you have to start the process over again.
4. if he doesn't comply he could go to prison.
whine to state, they order DNA test, if he is father they chase him for chid support.
Why are we not taught early in elementary school that laws vary according to jurisdiction? If askers don't provide your location, how can we supply quick links? Sheesh, people!
Here, for instance, are a few of Ohio's rules to give you a general idea:
Paternity establishes parent-child relationship
By KAREN RIESTENBERG BRINKMAN
Law You Can Use
Q.: How do you establish paternity in Ohio?
A.: If a child is born to a woman who is married, the husband is presumed to be the father. This presumption may be overcome, however, in an administrative proceeding and/or a lawsuit to determine the father-child relationship, either as part of a divorce action or by a separate action in juvenile court. When there are conflicting presumptions (e.g., a genetic test finding), the court must determine paternity.
If the mother is unmarried when the child is born, paternity must be determined through a Child Support Enforcement Agency or a juvenile court action, although the administrative proceeding must be started first. Both administrative and judicial proceedings provide ways to obtain genetic testing that may eventually result in court orders for child support. The parents also may acknowledge paternity on the "brown" form available through their local Child Support Enforcement Agency if they want to avoid genetic testing or court involvement.
Q.: I'm not married to my child's mother, but I signed the birth certificate. Must I also acknowledge paternity on the "brown" form?
A.: Before the law changed on Jan. 1, 1998, signing the birth certificate was enough to indicate your responsibility as the child's father and to allow a child support order to be made against you, but it was not an otherwise binding determination of paternity. Now, a man who is not married to the mother of his child cannot sign a birth certificate unless the mother and father acknowledge paternity under oath on the "brown" form. A father who wants to establish a parent-child relationship and/or to pursue rights regarding custody, parenting time and/or support (including health insurance and tax exemptions) should consult an attorney to begin a paternity proceeding (see above regarding administrative proceeding) and request genetic testing to establish the parent-child relationship.
Q.: When should DNA testing be used?
A.: Even when a man is sure the child is his, he should obtain a DNA test as soon as possible. DNA testing can be done easily by drawing blood or by swabbing some skin tissue from the inside of the mouth. The Supreme Court of Ohio has made it relatively clear that, if a determination of the father-child relationship has already been made, a person cannot come back later and say, "I'm not the dad," or "He's not the dad," even though a DNA test proves what that person says. The person first determined by administrative or court proceeding to be the father continues to be responsible for supporting the child, regardless of the fact that a DNA test has shown someone else to be the natural father. This obligation continues unless both parties agree to modify the earlier court order. On Jan. 25, 2002, however, the law changed to allow motions for relief from such judgments to be filed even after orders finding paternity have been entered (Ohio Revised Code, Section 3119.961). For example, some paternity findings now can be overturned by a new genetic test that proves a person is not the child's father. If a paternity finding is overturned, however, it only relieves the person from paying child support beginning from the time the motion is filed. It does not normally address issues of past unpaid child support or the return of support money already paid.
Q.: Where do I go to have paternity established?
A.: You can use the resources of your local county's Child Support Enforcement Agency or you can use an independent laboratory. However, remember that a positive genetic test does not establish paternity. Paternity can only be determined administratively or through a court order. Therefore, a juvenile court filing is usually necessary.
Q.: Are there other reasons to have paternity legally established?
A.: Yes. A legally-recognized father has rights to parenting time (formerly known as visitation), and he is entitled to equal access (equal to the mother's) to his child's school, medical and day care records and activities. Also, once paternity is legally established, the biological father can prevent the child from being adopted by another person without his consent or from being moved away from the jurisdiction without a hearing. "Putative" (presumed) fathers who want to be involved with their children should seek legal advice as soon as possible.
Law You Can Use is a weekly consumer legal information column provided by the Ohio State Bar Association. This article was prepared by Karen Riestenberg Brinkman, a Cincinnati attorney and mediator and collaborative family lawyer. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.
Note esp the last line in the text!
she just files for child support and names him as the father. he will be able to get a paternity test if he wants it, but if it is his he will be paying
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