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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30384
Experience:  Attorney with experience in family law.
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Baby, She said it could be mind, then said it wasn't.

Customer Question

baby, She said it could be mind, then said it wasn't. Another mans name is ***** ***** certificate. She refuses to have a parental test. What can I do. If the child is mine, I want to be a part of its life.
JA: What state are you in? It matters because laws vary by location.
Customer: Sorry, The first part didn't type.
JA: Has anything been filed or reported?
Customer: Sorry the fist part did not type. My ex-girl friend just had a baby and I want to make sure it's not mine. Another man was put on the birth certificate. Nothing has been filed. I don't know what my rights are.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Nothing has been reported or filed. That is all that the lawyer needs
Submitted: 5 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 5 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

The law on this differs by state. Where does your ex-girlfriend live?

Customer: replied 5 months ago.
South Carolina
Customer: replied 5 months ago.
No THANK YOU
Expert:  Lucy, Esq. replied 5 months ago.

Thank you.

You can file a Petition to Establish Paternity, asking a judge to find out whether you are the father of the child. She'll be ordered to present the child for a paternity test. If she doesn't, she's in contempt.

If the test shows that you're not the father, your case will be dismissed. If you are, you can use it to amend the birth certificate. The judge will also set up a parenting plan and child support at that time.

Expert:  Lucy, Esq. replied 5 months ago.

If you'd rather not go to court, the state Child Support Services can try to establish paternity for you. That might be more difficult if she won't cooperate.

https://www.state.sc.us/dss/csed/patest.htm

Customer: replied 5 months ago.
Would I need to hire a lawyer to file this petition or is it something I can do.
Expert:  Lucy, Esq. replied 5 months ago.

You don't need a lawyer, but the state doesn't have free forms available online, so it might help to have one. You could also look for forms on www.legalzoom.com or www.uslegalforms.com.

The other option is to contact a local father's rights' organization to see if they can help.

Customer: replied 5 months ago.
Great, either way is good. I may go to my lawyer today. I just need to know either way and she was claiming that I couldn't do anything because someone else is listed as father. And he could be but so could I. She doesn't want a DNA test because she doesn't want no one to find out this fact about her.
Customer: replied 5 months ago.
Thank you!
Expert:  Lucy, Esq. replied 5 months ago.

You're welcome! You can definitely get a DNA test even though someone else is on the birth certificate if you have reason to believe you're the father. A birth certificate is a medical document, and it needs to be accurate for several reasons.

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