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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7280
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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My child is 9yrs old I have good cause to question wheather

Customer Question

My child is 9yrs old I have good cause to question
wheather I am the father. How do I get a court order paternity test done in Alaska
Submitted: 7 years ago.
Category: Legal
Expert:  LADYLAWYER replied 7 years ago.

Hi,

 

Was the child had by your wife while you were married? Are you still married to her?

Customer: replied 7 years ago.
No we were never married and had only been together 2 weeks when she became pregnant. We were together off and on for 2 years AFTER she told me she was pregnant.
Expert:  LADYLAWYER replied 7 years ago.

Hi,

 

Okay, thank you. Did you sign an affidavit of paternity at any time? As far as now, do you see your daughter on a regular basis?

Customer: replied 7 years ago.
I did sign something at the hospital after he was born. I do not have contact with the child tho the mother will call when she wants money.
Expert:  LADYLAWYER replied 7 years ago.

Hi,

 

Okay thanks. At this point, you are going to have to petition the court to remove paternity. You will really need an attorney to help you do this as there are some complicated hoops to jump through and legal documents to file. What's more, it is likley that the statute of limitations has already run out as most states have 1-2 year limitations on challenging these kinds of actions. However, it is worth seeing a local family law attorney for a free consultation. You can find them here: www.martindale.com.

Expert:  Joseph replied 7 years ago.
I'm going to have to disagree with my colleague. Give me a moment and I'll respond in more detail.
Expert:  Joseph replied 7 years ago.
Based on all of your statements, I believe the following to be true:
- the child was born 9 years ago
- you and the mother were never married
- you signed the birth certificate
- there is no court proceeding in which you were declared the father
- you have had little to no contact with this child since birth

If I've missed anything, please let me know.

Assuming this is all true, it has NOT been judicially established that you are the father. In this case, you have a decision to make, do you want to be involved or do you not?

If you do, then file a paternity action in Washington, where the mother and child reside. Your petition would discuss paternity (requesting a DNA test if you like), custody, visitation, and child support. Presuming you are the father, you WILL be given rights of visitation.

If you do not want to be involved, you should do nothing; do not call, do not write, do not pay money. Then, it will be incumbent upon the mother to file for paternity if she desires. At that time, you can then require the paternity test.

My colleague indicate you had to "remove paternity", since paternity has not been judicially established, there is nothing to "remove".

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Joseph, Attorney
Category: Legal
Satisfied Customers: 7280
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
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