My boyfriend had a one night stand before we got together. She got pregnant & had a little boy, that she has been stating is his. This boy is 2 years old now. We live in a different state than the boy & the mother. My boyfriend went to a testing center & got collected for his dna, they emailed the mother but she still hasn't gone, 6 months later! He don't pay support or anything. Went to get dna test hoping they could come to an agreement amongst themselves. He receieved a letter in the mail yesterday with results to dna stating he is the father. However, we suspect it to be a fake letter, she made. Can she get in trouble for this? & what kind of trouble could she get into? What happens to the child if he is the father?
Hello,Thank you for using JA. The mother couldn't get in any trouble for sending a fake DNA test because it is not an official legal document. But if there is a question about BF being the father, then he can either file a formal paternity action to find out for sure or can simply sit back and wait to see if she ever does. It does seem odd that she hasn't filed her own paternity suit if he is indeed the father because there is no cost for her to do so. That sends up a red flag for me..But if a paternity suit is filed and he is determined to be the biological father, then he would then have certain rights to visitation/custody as well as obligations to pay child support until the child becomes an adult, typically at age 18..However, the whole thing sounds fishy to me and he would have no idea who else she may be contacting and claiming that they are the father to obtain money from..
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About a month after he went, she had moved to another state, which she knew & planned. Where she moved there isn't a place of the lab he went to, so she says she has no way. He has been kind of ignorant to her & she was visiting where we live not long ago & tried to contact him stating she'd go get it done, but had a few questions because she isn't familiar with the area & he wouldn't respond to her. So I'm not blaming it all on her, he's been a jerk also. She claims she don't want any money, her family is wealthy. Just wants him in her sons life. But with us living in different states, what rights does he have if not on birth certificate & dna test he ordered is just for knowledge & can't be used for any legal matters?
Well, without a formal legal determination of paternity, he would have no legal rights to the child. Only after a person is legally declared to be the biological father do they then obtain legal rights and responsibilities..Obviously this wouldn't preclude him from voluntarily being part of the child's life if the mother allows it. It just means that he can't legally be compelled to do so..
What would he have to do in order to obtain legal responsibilities? Pay for another DNA test? He's spend $200 on this one, the legal ones I think were almost $400-$500!
He would actually have to file a paternity lawsuit in the county where mother and child are living. The court would order a DNA test and then would determine whether he was legally the child's father. Courts won't typically accept a private DNA test..
Is there a way if we can tell if this letter we got stating he is the father is real or fake?
Well, I would suggest contacting the company that allegedly issued it and seeing if they could confirm whether it is valid or not..
Ok! Thank you so much!
You are very welcome..The best to you and yours..
Attorney with 13 years experience
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