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Debra
Debra, Lawyer
Category: Canada Law
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My sons on again, off again, girlfriend is claiming she is

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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!
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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 3 years ago.

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

No

That would give mothers much too much power if it mattered.
Customer: replied 3 years ago.

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

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 3 years ago.

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

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 3 years ago.

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

Yes or she will be in contempt of court.
Debra and 2 other Canada Law Specialists are ready to help you
Customer: replied 3 years ago.


Customer: replied 3 years ago.

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

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 3 years ago.

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

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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