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GeorgetownLawyr
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12049
Experience:  Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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My sons girlfriend became pregnant during a time they were

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My son's girlfriend became pregnant during a time they were sleeping together. They were 19 and 18 at the time; they are now 21 and 20.We tried to talk the girl into giving up the baby for adoption once it was born, but she wanted to keep it. About six months before the birth the girl moved to New Hampshire to live with cousins. (Her mother is dead and her father is out of the picture). My son remained in and still resides in Connecticut. My son went up to New Hampshire for the birth, but at the mother's request, no father was named on the birth certificate.
The baby is now about 10 months old and my son has decided for a variety of reasons that he wants to know for certain if he is the father. He contacted the girl by registered mail to request a voluntary paternity test, but she has ignored the letter. ( She has since moved in with another young man and the young man's parents and apparently wants to 'move on').

The question is: Does my son have legitimate grounds to get a court order requiring a paternity test and, if so, how does one go about obtaining such a court order ?

Hello and thank you for using our service. My name is XXXXX XXXXX I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.

 

Is your son also ready to assume responsibility of the child and pay child support??

Customer: replied 3 years ago.

I believe the answer to your question is yes, although personally I don't think he truly understands the full consequences of the decision. At the moment he is going to school and has very limited resources of his own. He understands that when his financial situation changes, the mother will have the option of going after those resources. Perhaps I should tell you that our son is adopted from another country, knows nothing about his birth parents and doesn't want his (possible) daughter to be in that position.

Ah yes, I can understand his position but he needs to understand once he walks through this door he will be held responsible for child support whether he has the resources or not. To get her to do a DNA test he has to file an action for legitimation in NH court in the county she lives in. You/he can contact the clerk of that court to get the form and find out the filing fee. Once he files the petition she will be served a copy and the court will order a DNA test done. If the child is his, he can then request joint custody, visitation and of course will have to pay child support. It would be best for you to get a NH attorney to file the action, if you can afford to do so, if not the clerk of court can tell him which forms to file. I hope this helps clarify.

 

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GeorgetownLawyr and 2 other Family Law Specialists are ready to help you
Hi RIH,

I'm just following up with you to see how everything is going. Did my answer help?


Let me know,
Lisa