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A girl claims to be pregnant and says I am the father. It

 
A.D. Barnett's Avatar
  • Answered by:A.D. Barnett
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A girl claims to be pregnant and says I am the father. It is very possible. She is now 8 months pregnant living at home in another state with her family. What are my responsibilities and what are my rights? I live in Oklahoma and she lives in Kansas. I travel in my work so am away from home often.

 



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I am 90% sure I am the father, but not 100%. If she doesn't get a dna test done I won't be sure. If it is my child I want to help in the support and care, but she wants to keep her own name for the baby and ignores the dna test possibility.

Submitted: 1488 days and 6 hours ago.
Category: Family Law
Value: $30
Status: CLOSED

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Expert:  A.D. Barnett replied 1488 days and 6 hours ago.

Good afternoon!

Since the child was born in Kansas and the mother is in Kansas, it's probably safe to assume that jurisdiction is in Kansas and their laws apply. You have the option of having the child listed on the birth certificate with your consent and voluntarily acknowledging Paternity, but be aware that a voluntary acknowledgment of paternity is extremely difficult to revoke after 60 days have passed, so consider waiting until you see what the DNA test says.

In your case, let's talk about establishing paternity via a court order. If the mother will voluntarily submit to genetic testing (which she certainly should), that will establish paternity in a way that is considerably more reliable. Presuming the test comes back and you are conclusively the father, you have every right to file your own Petition for a Decree of Paternity and ask for custody and visitation rights. Of course, a noncustodial parent will be required to pay child support to the Custodial Parent pursuant to the Kansas Child Support Guidelines. To get an idea of what that might be, I've included a link to a Kansas Child Support Calculator:

www.alllaw.com/calculators/Childsupport/kansas/

You could also be ordered to pay your share of the birth-related expenses for the child.

Think twice before you let the prospect of financial responsibility scare you. She can pursue a paternity action at any time until that child reaches 18. So you can ignore the situation and possibly get tagged with a paternity action and 17 years worth of accrued child support in 2026, but then all you have is a tremendous debt for a child you had no part in raising and with whom you have had no relationship. If you take the offensive, you can (a) get the peace of mind of knowing if you are the father and (b) you can petition the court to recognize your rights as a father.

I hope you found this information helpful!

Expert TypeLawyer
Category: Family Law
Pos. Feedback: 98.8 %
Accepts: 401
Answered: 4/1/2009

Experience: Attorney since 1994, experienced Divorce Attorney, Child's Attorney, Adoption, Guardian ad Litem

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