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Ask Dave Kennett Your Own Question

Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience:  25 years experience as practicing attorney
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I need to get a court order to make my ex girlfriend take a

Resolved Question:

I need to get a court order to make my ex girlfriend take a paternity test so I can find out if I am the father of her newborn son. Also I need to stop any adoption proceedings until that test is done. My ex girlfriend is trying to give the child to her sister. Her sister has temporary custody of the child as is refusing to take the child for the test because she knows that if he is my son I will want custody of him.
Submitted: 1 year ago.
Category: Family Law
Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - You are permitted to file you own court case however all I can do from here is provide general information as we are not permitted to represent clients or prepare legal documents. I have included below the WA Self Help legal website which includes forms and instructions on various legal actions. You will see a section for "unmarried parents" which should help guide you through the legal process to establish paternity. Once you establish that you are the father then you will have the right to ask for custody and/or visitation of the child and no one can adopt the child without your permission. You have the right to be tested and the court will order this once you file your petition. It is a very simple test and there is no reason that the court should deny you the opportunity to prove you are the father. Keep in mind that once you are determined to be the father you could be liable for child support for 18 years if, for some reason, you do not get full custody. If you get full custody then the mother would be responsible for the support. I cannot predict the outcome of court cases so I have no way of telling you who is going to get custody ans that is up to the court and is based on the best interests of the child. Here's the website:
http://www.courts.wa.gov/forms/
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience: 25 years experience as practicing attorney
Dave Kennett and 4 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Since the sister has temporary custody of the child,, who needs to be served,, my ex girlfriend, the sister or both?
Expert:  Dave Kennett replied 1 year ago.
If the temporary custody is through the court then the sister and the mother should be served. If the "temporary" custody was some private arrangement then it is not legal custody and the mother should be the only one you would have to serve. It never hurts to serve everyone involved just to cover all your bases.

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