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Attorney & Mediator
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Category: Family Law
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I had a baby last month, and my mother informed ...

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I had a baby last month, and my mother informed the possible father. He took a paternity test by his own choosing, and he is not the father. Now he wants me to pay for the test. I told him from the beginning that I didn''t expect anything from him, father or not. Believe it or not I did not even know that I was pregnant.   I had no prenatal care or anything....went snowboarding 5 days before delivery..The baby is 100% healthy and I just want to go on with my life...but I don''t think I should have to pay for a test that I did not even request.   Now he wants to take me to small claims court...What should I do
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
Thank youCustomerfor your question.

The person who requests the paternity test is responsible for its costs unless there was a written or verbal agreement that you would be responsible. So if you did not agree for him to take the test, nor agreed to be responsible for the test, then you are not responsible for the costs he voluntarily incurred.

If he sues you in small claims court, he bears the burden of proof to establish that there was an agreement. If he files a complaint, request that it be dismissed for failure to state a claim upon which relief can be granted.

So mother is not responsible if she did not agree to be responsible.

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