father is not on the birth certificate,do i have the rights to make him do a DNA to support child?

Rebecca - posted on 09/23/2010 ( 28 moms have responded )

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me and my ex split before i found out i was pregnant!! so i am a single mum, hes not on the birth certificate and now hes sayin hes not going to pay any money for my little boy! so i said i will get csa involved and he said it wont matter because hes not on the birth certificate and that i cant force him to do a DNA test! i dont know where i stand with all of this? please help!!

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SHANTEL MARCOS - posted on 11/01/2012

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hi i read your msg, and i just want to ask what if is it possible to to force my ex live in partner to support my child?.,., were not married but he knew that he is the father of my son,.,. i was just confuse about this thing., it seem like maybe someday hell not going to take his responsibility as a father cause we are now separated as a live in partner for he found som1 else and also they have a baby,.,.

Patricia - posted on 06/07/2012

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I have just been through all of this. My Ex is on my first 2 children's birth certificates but not on our youngest as he was cheating on me and split when I was 3 months pregnant. CSA denied the case for my youngest as my ex was not on the birth certificate. I had to seek legal aid and take my ex to court. He was ordered to so a DNA test twice and didn't show up for either appointment so the court declaired him the father for child support reasons. He is now suppose to pay for all 3 children, but doesnt pay for any of them. Now he is having another baby with the woman he cheated on me with.

Barbara - posted on 11/07/2011

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March down to the Department of Human Services in your state and file for assistance so that you and the child do not do without, apply for TANF, Medicaide and Food Stamps in your state, also for housing assistance. You will be required to name the father, but do be sure beyond the shadow of a doubt because the court can order the father to take a DNA test and order him to pay child support. It's the best way to do this unless you can afford to take him to court for the DNA order yourself. You can't make him take a DNA test but the courts can, in every state. Meanwhile, the state will help you with housing, food, cash and an education, even childcare and they will pursue the child support too. Good Luck. MsB

Amanda - posted on 09/26/2010

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i am going threw that right now my ex and i split in october i was 6 months pregnant when i found out and his name is not on the birth certificate and we are going threw court right now to do a DNA TEST and child support

Love U Nico - posted on 09/28/2010

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If you get custody of your child before anything it'll be good just go to court and fill out the form, Your kid will need the money even if you dont mama it'll be hard and just because he gives you child support does not mean hell wanna see the baby so atleast try.....just because he gives u money doesnt mean he has to be around and they'll tell u that......He needs to support his child weather he likes it or not, Its best when they do it on their own but if they dont theres always court and things u can do to get what your child needs....take care

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Joe - posted on 10/20/2012

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I am a stay home husband. My wife makes well over 200K a year. She takes care of me. A couple years ago. I had an affair. Chick finds me online, and threatens to make me take a paternity test. I told her. I'm unemployed but will take ur test.



If it's mine, you'll be ass out still because my wife don't have to pay it for me. And after I took the test, it proved it was mine. I never told the wifey though. And as long as Im the good stay home hubby. All is well. One for the guys! check/mate!

Nicole - posted on 11/01/2011

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I can tell you that I am having to go through this right now with my daughter. I didn't have to pay or do anything about it or anything. The courts did it all and it wasn't even our courts. It was the courts where he lives because he is contesting his rights...but it don't really bother me because if I could have nothing to do with him that would be great...long story about why....Good luck though

Paula - posted on 11/01/2011

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WELL FAITH FATHER NAME IS NOT ON HER BIRTH CERTIFICATE AND WHEN WE WENT TO TAKE A DNA HE DID'T WANNA TAKE IT SI HE ADMITTED THAT SHE IS HIS CHILD AND NOW HE'S PAYING CHILD SUPPORT AS OF TODAY NOV. 1, YES PLEASE GET CSA INVOVLED BECAUSE THEY WILL HELP U OUT....

Tammy - posted on 11/08/2010

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If the state is helping you out for anything and there's a chance that they could get their money back or for them not to have to pay any more. Trust me they well be glad to help you out.

Tammy - posted on 11/08/2010

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I think best bet is to go to social services and they well hunt him down and make him do a dna then they well do the papers for the order.

Inessa - posted on 09/28/2010

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The same situation I have now,but mine is worse!!! I live in Italy and my babys father run back to USA,so I,m going to do something with this...It will be really hard,but I still trying;))) Good luck for You and your baby!!!

Dawn - posted on 09/27/2010

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just remember this ......if he give DNA he gets visitation rights! My situation....name is on the birth certificate we are not married he doesn't want to pay for his son. I haven't forced him because then it would give him rights. By my state since we were not married and my son has my last name he has no rights unless he gives DNA. I pick my battles wisely. I don't want him to be able to take my son to God only knows where! I make all the rules... he wants to see him then he gives support....he doesn't want to follow my rules then he doesn't see my son! He doesn't want to force the court issue because he doesnt want to have to pay back support!

Crystal - posted on 09/27/2010

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one upside to not having him listed on the birth cert......if you want to take a vacation to another country and want to take the baby too you need a passport for not only you but for the child as well.....in order to get this you must have you, the child, and the father PRESENT at the time you trun in the application!!! AND he must be present when you are getting ready to leave the counrty!! they do this to try and cut down on the amount of kiddos taken with out consent from both parents! but if he is not listed at all....then there is no problem!! and it was kind of fun when the VERY snotty lady...."wheres the dad"
me ..."she doenst have one" (with big smile)
lady..."theres no one listed on her birth certificate?" as she snatches it out of my hand
me..."nope"
lady...."well! that would have saved me a lot of trouble if i had thought of that!" hahaha

Franka - posted on 09/27/2010

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If you go to social services and take out child support on him they will make him take a paternity test if you tell them he claims he's not the father. Every state is different, but you may want to call them an ask

Sue - posted on 09/27/2010

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my sons dad isnt on either and when we went to court over support the judge simply asked if at any time had he taken resposibility for being the dad. because he was there during the pregnancy and for a few months, if the dad wanted to do a dna he would have to pay it himself. I think in your case since the dad wasnt there, you may have to pay for it yourself.

Tammy - posted on 09/27/2010

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Im pretty sure you can through the court. Go to your local family court, it's different state to state so sorry I cant help more.

[deleted account]

Hello there, after lots of dealing with the CSA and access issues, I have learnt that - according to the CSA it is up to him to prove that he is not the father, birth certificate does not matter. Also on access if he is the father, the rights and responsibilities that fathers are entitled to as of the 1st of Jan 2006 only means that he is entitled to see your childs school reports and be told of any health issues regarding your child. The father cannot do anything else without your co-operation!
My ex hasnt seen my son in 2 years and has no intentions of seeing him. He has to pay the CSA everyweek regardless of all that is going on in his life.

Elaine - posted on 09/27/2010

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All you have to do is go to the welfare office and have them deal with him. My Ex requested it to be done and he has to pay for it. I was not the one who wanted it done at all but you will have to take the test just as well as your child. Then after that is all done then sometime after it is clear that he is the father. Then you should be able to getting the money he owes you and the baby.

Elizabeth - posted on 09/27/2010

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HI I HAVE 3 CHILDREN WITH MY X, HIS IS ON THE 1ST TWO BUT NOT OUR OUR YOUNGEST BECAUS EHE REFUSED AS HE WAS IN A NEW RELATIONSHIP BY THE TIME SHE WAS BORN SO HE DIDNT WANT ANYTHING TO DO WITH HER, HE STILL HAS TO PAY FOR HER VIA THE CSA, IF HE REFUSES AT ANY POINT THEY CAN TAKE HIM TO COURT FOR A DNA TEST HE HAS TO STILL PAY UNTILL THE TEST COME BACKS, MY X REFUSES TO TAKE A DNA TEST AS HE KNOWS SHES HIS AND HE WOULD HAVE TO ADMIT TO ALL THE LIES HE HAS TOLD EVERYONE. CALL CSA AS THEY TAKE SO LONG TO SORT THINGS OUT, ITS BEEN OVER 2YEAR SINCE IVE BEEN TO THEM, AND IM STILLL WAITING,THEY WILL TELL YOU HOW IT WILL ALL WORK AND ABOUT DNA TEST IF HE SAYS THE BABY ISNT HIS, HE WILL BE MADE TO DO ONE AND MADE TO PAY UNTILL IS DOES ONE. AND IT CAN BE DONW BY A COURT ORDER.

Shanikia - posted on 09/27/2010

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He doesn't matter what he doesn't want to do! By LAW if you go downtown or where your child support office is located and file papers on him, the very first thing they ask is if his name is on the certificate, if not they set him up with a DNA testing office, they will give him several chances to make appointment, if he then chooses not to go, they will automatically start taking his money whether he likes it or not. DON'T LET HIM INTIMIDATE YOU!

Shannon - posted on 09/25/2010

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i agree a little with each of the above responses it does depend on your individual situayion what route would be best for u to take for u and your child.by the sounds of it your ex doesnt want anything to do with your child and if that is something you are 100% sure of and if u are sure he isnt the kind of person to go after u for custody just despite you becuz u are making him pay child support u might want to rethink it .but yes you can have him taken to court and if he denies that he is the childs father the judge can court order him to a apternity test he wont have a choice and when the test comes back that he is the childs father then the domestric relations court judge will make him pay child support and if he still doesnt he can go to jail or lose his drivers liscence for 1 year.but on the same note if u do prove paternity with a dna test to get child support from him it will also give him the right to have visitation with your child.and if he wanted to be that way he could try to get custody which could be a long drawn out expensive battle.so u have to decide what is best in your situation to do.if you need the support from him i think you should definitly go to domestic relations and fill out the forms to collect child support for your child.but if u are affraid that he is the kind of person who would then try to get custody or be a dangerous person for your child to be around even for a period of just visitation and if u can find another way to do without the child support you might not want to prove paternity becuz it also will give him rights as a father..but as long as u think u could trust him with your child for visits ,if he would even want visitation and u need the child support .u can get it from him its not up to him the judge will get the paternity test ordered and by all means he should be supporting his child .good luck=)

Jennifer - posted on 09/25/2010

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as for him not being on the birth cerificate thats his loss.. but as for dna testing and child support hes right you cant force him but than hes wrong cause a judge certainly can you can fill out the papers have him served and if he doesnt go to court he can go to jail for disobeying a court order.. good luck..

[deleted account]

You can go to court and have them order a DNA test. Something to be aware of though, you open that can of worms, and there might be more there than you bargained. When he is declared the biological father, he may ask for, and be given, visitation to his child. Be prepared for him to ask for custody - although chances are they will not give him custody - but visitation would be reasonable.
If you decide to wander into this arena - I urge you to go speak to a lawyer first - most will do a free/low cost consultation.

Billie - posted on 09/23/2010

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Newsflash for your ex...If you go to court and request child support YOU can't force him to take a DNA test, but a judge CAN. My son's father was not on the birth certificate, but I took him to court for child support. All I had to do was fill out the forms and serve him the order to appear in court for the support hearing. When we got there he admitted it was his child, but if there's a dispute a DNA test can be ordered to determine paternity. Go for it mama. What harm can it do? He's not giving you anything now, so if you lose you're not losing anything, but if you win you gain support for your son and acknowledgment of who is dad is. Good luck!

Shanna - posted on 09/23/2010

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hello there becca.. like you, i am a single mom and currently, my son's father is already married to another woman.. since he was not able to come on the day i gave birth and i already needed to claim my son's birth certificate, i declared the father as unknown.. my son is using my surname without any middle name.. my point for telling you this is that it won't really matter if your ex's name is not on your son's birth certificate.. i don't even think that the reason why he refuses to pay any support for your son is because he is not on the birth certificate.. i'm thinking more like he simply do not intend to give any support and it just so happens that he is not on the birth certificate and he found it as the perfect alibi to use or to justify his own refusal.. anyhow, if he doesn't want to, then don't force him.. it should be that he voluntarily offer financial support for your son simply because he is the father.. my son's father doesn't give anything in financial support.. it is his parents who provide financial support for the boy and i have never asked not even a single penny from them.. if they give, i receive it with a grateful heart and if they don't, then so be it, i don't ask and i use my own resources instead.. i am currently working just so i could be able to financially sustain for my son's needs.. if you can do that, then that'd be good but if you are currently not working, then maybe you can try to ask help from your parents for the meantime..

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