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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 27889
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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Custody battle

Customer Question

my son has a girlfriend for overe 3 1/2 years they split up for 2 weeks in arkansas and she had a one night stand over 2 years ago and now the one night stand mom wants 1/2 custody of him he will be 2 in august they did a over the line test to proove her wrong came back 97% can not rule out that father..but my son is the one who has raised him. He is going to school and working to support his girlfriend and their new baby. He doesn't have the funds to fight for their rights. PleasePlease Please help!!!!
Submitted: 3 years ago.
Category: Legal
Expert:  LawTalk replied 3 years ago.
Good morning,

Your facts are very confusing. Is this just a custody issue between your son and the baby's mother?

What in the world is an over the line test? Prove her wrong in what respect?

What are you trying to accomplish here.

Doug
Customer: replied 3 years ago.

I am the mother of my son whom has a girlfriend for over 3 1/2 years they split up for over two weeks ago and she had a one night stand guy and now almost 2 years later they one night stand guy found out he could be the father instead of my son...His mother wants 1/2 custody of my grandson and they had a DNA test online that u can order ..The girlfriend did this w the so called one night stand dad and it came back not in a lega matter through the courts but on a piece of paper stated can not rule out as 97.8999 percent so now they are trying to fight for custody of my grandson and stating they have rights as now they think they have a right to take 1/2 custody of my sons girlfriends son and my son and sueing both of them for the right to take him away ..I am trying to help them and to get an attorney as this court case is coming up in September....needing the real dna through the courts and they are trying to fight for 1/2 custody of this child..

 

Tammy

Expert:  LawTalk replied 3 years ago.
Good morning,

I'm sorry to hear of your family's dilemma.

Thank you for the additional information. The mother, of course, is entitled to custody or visitation with her child. The DNA test done by the other man will not hold up in court. He will have to petition the court for a Determination of Paternity, have another DNA test done by an approved lab, and then if he turns out to be the father, the court will grant him parental rights. The court will not award custody to the guy's mother though.

Your son, if he thinks that he may be the father and not the other person, needs to have a DNA test done as well. Because if he is not the father, he will have no parental rights under the law, and the real father will be able to have visitation. The real father will also have to pay child support.

I'm afraid that it is going to cost a lot more than $500 to get an attorney to represent your son. In fact the court ordered DNA test alone is generally more than $1,000. I would suggest that your son take an inexpensive DNA test now, and if it does not show him to be the father, he may want to reconsider fighting in court with this other person---as there is a good chance then that they are the true biological father.

Your son's girlfriend will almost certainly get primary custody of her child and if the other guy is the father he will only get some visitation---so as long as your son continues to live with his girlfriend he will be able to continue raising your grandchild.

I wish you and your family the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely appreciate your abiding by the honor system as regards Accepting answers. I wish you and your family the best in your respective futures.


Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

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