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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85450
Experience:  Lawyer
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My sons on again, off again, girlfriend is claiming she is

Customer Question

My son's on again, off again, girlfriend is claiming she is pregnant. She lives in Calgary and he lives in Edmonton. He would go down and see her every couple of weekends. She won't allow him to see her and is playing nasty mind games. He wants to step up and be responsible for the baby if it is his (and if there is one). She is just turning 18 in November.
What happens if she doesn't put his name on the birth certificate? Is he still responsible for child support? Can he insist on a paternity test?

What if she puts his name on the birth certificate and insisted on a paternity test and it turns out the baby isn't his.

At this point he is not even sure if he can deal with her to even see the child. What are his rights? Most guys run and he is not doing that and yet still being treated very badly by her. Help!
Submitted: 11 months ago.
Category: Canada Law
Expert:  Legal Ease replied 11 months ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

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As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Thanks for requesting me.

If the child is his biological child then your son has all the rights and obligations of any other father.

Without a doubt there will need to be a paternity test as he has no idea the child is his.

If it is whether he has a relationship with the mother or child is his choice but he will be liable for child support regardless as the biological parent always must support his child. Child support is the right of the child.

If the child is his he can apply for custody or access.

So his first step should be to see if she will agree to a paternity test. If she will not then he will need to get a court order.

He should then at least consult with a family lawyer even if he has to self-represent.

Your son can contact the Law Society and use their Lawyer Referral Service. He will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-661-1095 or
403-228-1722 in Calgary

After that he can self-represent if necessary and get some help here:

http://www.albertacourts.ab.ca/fjs/flic.php

Let me know if you need any further clarification.
Customer: replied 11 months ago.

So the issue about not being named on the Birth Certificate, is that even an issue?

Expert:  Legal Ease replied 11 months ago.
No

That would give mothers much too much power if it mattered.
Customer: replied 11 months ago.

So support would begin at the date of birth. If a paternity test showed he is not the father what happens then?

Expert:  Legal Ease replied 11 months ago.
Support would begin at birth in most cases.

But he can refuse to pay until the paternity test is done.

There are paternity tests that can be done during pregnancy but the mother would have to consent to that.
Customer: replied 11 months ago.

And if the mother does not consent during pregnancy, can she also refuse once the child is born? And if so what then?

Expert:  Legal Ease replied 11 months ago.
Once the child is born your son can get an order for the paternity test.

He just cannot do that until after the baby is born.
Customer: replied 11 months ago.

Once an order is in place she has to allow the test?

Expert:  Legal Ease replied 11 months ago.
Yes or she will be in contempt of court.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85450
Experience: Lawyer
Legal Ease and 2 other Canada Law Specialists are ready to help you
Customer: replied 11 months ago.



Customer: replied 11 months ago.

Further question, what if she will not allow a paterity test and my son does not pursue insisting on one?

Expert:  Legal Ease replied 11 months ago.
Then if she wants support she will seek an order and he can then say he wants proof the child is his first.

Or if he wants to be involved in the child's life he will need to seek a court order and then again she can try and prove the child is not his.
Customer: replied 11 months ago.

What if she waits until the child is 10 yrs old for example to demand support. How far back can the Court go?

Expert:  Legal Ease replied 11 months ago.
The Court would go back 3 years at the most but even then it may not go back at all.

She would have to show a good reason why she did not seek support until this time.

But going forward he would have to pay support for sure.

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