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Ask Floridalegalanswer Your Own Question
Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
Experience:  I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law
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Ok, Let me reword the question. Im sorry if it was confusing.

Resolved Question:

Ok, Let me reword the question. I'm sorry if it was confusing. Me and my boyfriend (Timmy) broke up, with 2 children that we shared together. He is on the birth certificate of both. Previously we discussed in the first question about how to get my visitation's inforced. I thought at a later time about the issue that my oldest Child, Timmy, may not even be his child. When I got with (him) Timmy, I found out I was pregnant, REAL SOON. So in the back of mind, and I believe him and his family too, there has alway's been doubt about the paternity of Little Timmy. Here's the problem. I do not have custody. Timmy has Temporary custody of both of them, from where he took them by expart order, 2 years ago. He is denying my visitation, which we are currently working on the papers, thanks to your advice, to get those reinforced. But I BELIEVE he is raising a child that isn't his, and that he is not entitled to. The ex- boyfriend (Jonathon) that is the possible father, is willing to do a paternity test, to solve the mystery. Timmy, the man with my children, would be the unwilling particiapant, just because it goes down to the control issue again. Is there ANY way that I can take Timmy to court, (the second man) and demand a paternity test of him. Again, this is in North Carolina. God Bless you, and Hope you and your's had a great holiday. I didn't, he refused to let me see the children. Told me to Mail the presents, just like I had when I sent him certified letters for court.
Submitted: 5 years ago.
Category: Family Law
Expert:  Floridalegalanswer replied 5 years ago.

Floridalegalanswer :

You or your ex-boyfriend Jonathon can file a Petition to Establish Paternity and in the Petition you can request the DNA test.You or Jonathon may want to consider consulting with an attorney because of the time that has elapsed since Timmy has had custody for 2 years as you stated in your question. There is a possibility that Timmy's defense could be that Jonathon has abandoned the child, but the attorney should be able to advise on the issue and should know the "ins and outs" of the Court system and procedures.

Floridalegalanswer :

As far as Timmy denying visitation, you can file a Motion for Contempt due to Timmy not abiding by the Order and request make-up visitation and/or additional visitation in the future. I believe we have already discussed this but please let me know if you have any additional questions.

Floridalegalanswer :

If I have answered your question, please Accept my answer. Thank you and Good Luck to you!

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