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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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Im not married I have a four month old daughter which has

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I'm not married I have a four month old daughter which has my last name. Someone I was seeing is taking me to court for visitation & to put himself on child support, which he is not the biological father. I go to court 5-4-11 & how should I handle this situation. Do I have the right to deny a paternity test if he ask for one? Help
Thank you for your question.

Actually that is the best way to handle it--to say that he is NOT the father and therefore has no legal right to the child. A person cannot take you to court for a child that is not theirs, so unless they can provide evidence or proof to the courts that you were "accesible" to them during conception, and that there is a reasonable doubt or cause as to the paternity of the child, they CANNOT simply become a parent without your say-so. It may even be in your best interest to allow a paternity test to take place because if he is found to not be the biological parent, their claim to the child disappears.

Good luck.
Customer: replied 6 years ago.
If the father name isn't on the birth certificate then he has no rights to the child? Do I have to give the okay for a paternity test, I can't be ordered to do one? This guy is simple upset because I didn't want him anymore & I conceived when we were not together, we were on & off.
Thank you for your follow-up.

If the father name isn't on the birth certificate then he has no rights to the child?
If his name is XXXXX XXXXX the birth certificate and if he is not recognized as the father, he has NO rights to the child.

Do I have to give the okay for a paternity test, I can't be ordered to do one?
You can be ordered by the courts to comply with the paternity testing.

This guy is simple upset because I didn't want him anymore & I conceived when we were not together, we were on & off.
If the child is not his then I do not see a down-side for letting him pursue a paternity test; once it comes back that he is not the father, he will have no rights to the child at all.

Good luck.
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