How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 36226
Experience:  Attorney with 16 years experience
19958803
Type Your Family Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

We were just informed that my son has a little girl that will

This answer was rated:

We were just informed that my son has a little girl that will be 3 yrs old in a few weeks! He was never told about her until now by someone in the baby's mothers family. The mother had the babies last name as her maiden name on the Childs birth certificate. My question is , with help from the mothers friend, we got a swab of baby and my son and sent off to idenigene, the results are 99.98 percent my son is the father! After seeing the child in person and in pictures, their was no doubt, anyway the mother has been on drugs this babies whole life and she is with a babysitter that is no kin whatsoever with no legal papers or guardianship, we don't want to hurt the babysitter but she is ours and we feel she needs to be with her family! Please advise the legal way to begin this process!
Hello,
.
If son wants to start the process to obtaining legal rights to the child, then he would have to file a paternity lawsuit in the local family court where the child is located. After filing, the clerk will set a hearing date where he and the mother would appear. At the hearing, the court will order a formal DNA test to confirm paternity. Assuming the test results confirm paternity, then he can seek a formal custody/visitation order from the judge setting a schedule where he can see and begin to get to know the child. As a part of this process, he would then be legally obligated to support the child with child support.
.

.

.

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: replied 4 years ago.
who would be responsible for paying for the paternity test? Also, if the babysitter has not been awarded guardianship and the child is with her all the time and the results confirm he is infact the father, why could he not just be awarded custody of her! He's an excellent father and was awarded full custody of his two sons by his previous marriage?
Typically the father is responsible for the cost unless the court orders otherwise. He could try to get the court to admit the existing test results so as to avoid the costs of another test, but it would be up to the judge.

But yes, if the bio mom is not in custody of the child there is nothing that would prevent him from seeking full custody.

Thanks
Barrister
Customer: replied 4 years ago.
can he just request a meeting with our local judge to see if the DNA test we already have will work?
He could try that, but typically a judge wouldn't meet with someone regarding a case that may come before them. This is called "ex parte" communication and is frowned on by judges. There has to be a case already filed in order for the judge to even consider admitting something as evidence like a DNA test.
.
But after he files the paternity suit, there is nothing to say that the judge wouldn't admit it as evidence instead of forcing another one to be performed.
.

.

.

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.

Barrister and 5 other Family Law Specialists are ready to help you