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Loren, Lawyer
Category: Family Law
Satisfied Customers: 33531
Experience:  30 plus years of experience.
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this girl called my son to say she has a 2 year old daughter

Customer Question

this girl called my son to say she has a 2 year old daughter that is his she lived out of town and was married at the time she was born so her husband sighind the birth certifate she now lives in ohio and has filed papers for my son to be in court a certified letter came to my house that my husband sighend we put it back in the mail because it was for my son and he does not live with us .now this girl is saying if my son dont show up at court he will be arrested and that my husband will also be in trouble for sighing the certified letter and putting it back in the mail.
Submitted: 5 years ago.
Category: Family Law
Expert:  Loren replied 5 years ago.
The service of process is defective. If your son does not live in your house you have no obligation or authority to accept his certified mail. No one will be arrested. Your son should, however, retain counsel in Ohio to straighten this out.
Customer: replied 5 years ago.
can she do anything to him sense her husband sighed the birth certifate and it has been three years.
Expert:  Loren replied 5 years ago.
The birth certificate is prima facie evidence of paternity. So, the burden is on the mother to prove that paternity is other than shown on the birth certificate.

If she could get jurisdiction over him, which means she would have to file where he lives, she could petition the court to order dna testing.

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