what to expect after dna testing on father is done?

Ashley - posted on 02/04/2012 ( 4 moms have responded )

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I recieved a letter in the mail stating that the state of wv is taking me to court and my ex bf to get a court order for dna testing on him and my daughter. My ex bf has never been involved in my daughters life not even during the pregnacy. I am worried that after the testing is done then the state is going to press for child support and then its going to be a battle for visitation rights. I know that when a parent pays child support that they get visitation rights. What I need to know is my daughter is 9 months old and he has never been in her life he lives out of state what type of visitation rights will he get? Will the judge award her to go out there with him for the weekend or whatever? What do I do to stop that from happening? He is a porn attic..I dont know how to prove that in court but I am going to get a lawyer but do I get a lawyer now? How can I get it to where if he wants to see her that he comes here and has supervised visitations till he completes parenting classes and she gets use to him? Please any advice will help me...

Thanks Ashley

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Ashley - posted on 02/06/2012

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Vida:

Thanks for ur comment.I am gong to get a lawyer when we go to court for dna testing. I think on court day there just going to get a judge to grant a court order on a petiton for them to have her and her father dna tested then once that goes through then they may discuss child support but I wont need to get legal repersentation until or if he tries to fight for visitation rights to her. Thats just what I have heard.

Thanks Ashley

Vida - posted on 02/05/2012

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Ashley, I think it really depends on the state as to how they handle these situations but I know that in most states, child support and visitation are two separate items. Even though you may get child support set up doesn't mean that visitation is automatically put in place. Usually, one party has to go to court to enforce visitation and then they do look at the whole picture. If it comes to that, I would advise seeking legal counsel or at least do it so that you have peace of mind. If you are not sure of what your rights are, call and get a consultation if possible so you feel better. I hope I helped at least a little bit.

Ashley - posted on 02/04/2012

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Oh thank you so much for replying. I have been so worried its unreal. I was with this man for almost five years on and off and two weeks before I found out I was pregnate we broke up and I moved back home. I called him when I found out and he has never called and asked about the pregnacy, birth, or about her period. I am so scared because he threatened me over the phone when I was pregnate saying that if I came after him for child support that he would come after her. I am not coming after him its the state of west virginia. I hope that everything works out for you and I both hun. It would kill me to go without her for a weekend or even an hour I have never left her side but for thirty minutes since she has been brought into this world. So may god be with us both and answer are prayers... Anymore knowledge that you gain please fill free to let me know..Thanks again: Serene Coons.

Serene - posted on 02/04/2012

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Ashleys I just went through the same thing. I live in IN and almost 2 hours from my daughters bio father. We had to get a DNA test taken and if he didn't show up he was going to have a bench warrant out for his arrest. The state went @ him and I wasn't to happy about it because the same thoughts ran threw my head were fight about visitation rights and would fight over our daughter . My daughter was 16 monts when we got the DNA test taken. Shes 20 months old now and has only seen her biofather during the dna test, Thanksgiving Eve, she met his parents and Christmas Eve for 20 mins. He has never bought her anything, didn't even get her a christmas gift or offered to buy her an outfit, diapers, wipes or even a toy. He has called me up several times demanding to see her, but he wanted to take her to his parents house. I refused because I don't know this man that well and he has not bonded with our daughter. Then he cried that I am taking his fathers rights away from him.

I got tired of him and I called a lawyer; in the state of IN the mother adimatically has full custody of child if not married or father is not on birthcertificate or has his last name. The only way that he can have visistation rights if he requests it through the court and they have to be supervised. He has to come to my county if he wants to see her. He cannot take her to his parents house and if he does that is kidnapping. Childsupport and custody are two different cases. The state wants the other parent to pay for that child, they don't care about visitations or custody rights its all about the support.

I was also informed that you don't need a lawyer for a child support hearing. The time to get a lawyer is if he wants to file joint custody. It would be a good idea just to call a lawyer up and ask about your rights as the mother. I know some states are different but, I'm verythankful that i have full custody of our daughter. We go to court on FEb 9th for child support too.

Good luck

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