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My boyfriend had a one night stand before we got together.

 
Barrister's Avatar
  • Answered by:Barrister
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Customer Question

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?

Submitted: 290 days and 6 hours ago.
Category: Family Law
Value: $28
Status: CLOSED
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Expert:  Barrister replied290 days and 6 hours ago.

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.
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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.
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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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Thanks.

Barrister

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Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

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If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

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Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

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Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

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I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer replied290 days and 6 hours ago.

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?

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Expert:  Barrister replied290 days and 6 hours ago.

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.
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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.
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Thanks.

Barrister

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Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

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If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer replied290 days and 6 hours ago.

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!

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Expert:  Barrister replied290 days and 6 hours ago.

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.
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Thanks.

Barrister

.

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer replied290 days and 6 hours ago.

Is there a way if we can tell if this letter we got stating he is the father is real or fake?

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Expert:  Barrister replied290 days and 6 hours ago.

Well, I would suggest contacting the company that allegedly issued it and seeing if they could confirm whether it is valid or not.
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Thanks.

Barrister

.

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer replied290 days and 6 hours ago.

Ok! Thank you so much!

Accepted Answer

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Expert:  Barrister replied290 days and 6 hours ago.

You are very welcome.
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The best to you and yours.
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Thanks.

Barrister

.

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Expert TypeLawyer
Category: Family Law
Pos. Feedback: 97.9 %
Accepts: 1655
Answered: 8/3/2012

Experience: Attorney with 13 years experience

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