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I’m trying to establish paternity, my X girlfriend will not…

Customer Question
I’m trying to establish...

I’m trying to establish paternity, my X girlfriend will not sign the ROP, and has put a retraining order on me so now I have no way of giving my support money for my son . I have to fill out a paternity complaint now, with that saying how do I go about having thus delivered to her with a restraining order? Should I have a DNA test done? And can I have that done here where I live120 miles from Duluth where they live and where our child was born.

Lawyer's Assistant: Family law varies by state. What state are you in?

Mi

Lawyer's Assistant: Have you talked to a lawyer yet?

One and just told me to fill out a ROP , but mother will not sign it, then we were instructed to fill out a paternity complaint, but we have a retraining order on me now, I have not been to Duluth for 20 months, so how do I have the paternity complaint delivered? And can I even have it delivered cause I was told I cannot even mail a letter or text or even third party involved.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just want to be able to see my son and send money for his care , we were able to do this without the court system involved until now, I was giving 400.00 a month on a very limited income, but I didn’t care he was my first priority, I had him every other weekend and I had him for 4 weeks in December cause his mother had surgery, and usually 4-5 days at a time when I did have him, he’s 2 years old now, I just want to see him,

Submitted: 6 months ago.Category: Family Law
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Answered in 21 minutes by:
3/12/2018
Family Lawyer: LegalGems, Lawyer replied 6 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 14,616
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 6 months ago

I am sorry to hear this. That must be extremely frustrating.

Even if there is a restraining order if there are legal proceedings the plaintiff may hire a process server in order to personally serve the respondent.
This explains the process:

http://courts.mi.gov/self-help/center/casetype/pages/paternity.aspx

The court will order a DNA test from a state approved lab.

If the mother violates the court order the court can hold her in contempt and can even issue a court order that the infant be brought to the lab so the test may be administered.

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Customer reply replied 6 months ago
Where do have to take the DNA test in Michigan or Minnesota, and once I fill out the paternity complaint forms, where do I file it?
Family Lawyer: LegalGems, Lawyer replied 6 months ago

Normally the proceeding will be filed where the child resides (in the county and state where the child resides). The court will order which lab is to be used.

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Customer reply replied 6 months ago
Im sorry I meant where will I have to take one?
Family Lawyer: LegalGems, Lawyer replied 6 months ago

Normally the court will have a list of approved labs; some people make the mistake of getting the test done before court and then the court may reject it. Normally the court will authorize a lab near one's home even if out of state.

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Family Lawyer: LegalGems, Lawyer replied 6 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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